Study On Unfinished Form Of Abettor

Abettor crime is an important problem in joint-crime.It plays an vital role in recognizing joint-crime.There are a lot of disputes about it,such as the nature of abettor,what is the standard of punishment.All this resulted in a huge difficulty in judicial practice of unfinished form of abettor.Because of the importance of abettor,it is necessary to detail reseaech the unfinished form of abettor.I hope it can help to solve the problem.This paper starts from the abettor, combining the features of continental law system, analyzes the advantages and disadvantages of various theories of duality theory, and concluded that the scientific is sciential. On this basis, it attempted to research the preparation, suspende,attempt and judicial application of abettor.The abettor of the nature of the theory of community that exists from the appurtenant,independence,said complete independence,duality and abandon said.Appurtenant Said to be instigated from the appurtenan that the conviction and sentence were completely dependent on abettors; Independence, said that the abettors free will, the act itself can be punished; Duality says that the abettor of independence from both properties, and make a dialectical unity; Complete independence of the theory proposed to set an independent abetting; Abandon the nature of the abettor said that the discuss about the nature has no practical significance. Abettor of criminal law does not make clear the nature of the provisions of the law only by scholars, trying to define the nature of the abettor, but the nature of the controversy is quite large.Through analysis of the nature of the abettor, based on the duality,it said that the preparation does not have the punishment. The suspension also requires the suspend of abettors and abettors.Abettor of the attempted crime of attempt requires the subjective and objective conditions, and specific circumstances to be defined in detail. Abetting the crime and the crime and the criminal methods to teach the outstanding form of indirect perpetrator,there is a significant difference that abetting the crime, mostly in the form of common crime.Unfinished form of abettor is to better guide the judicial practice, and research it in order to play a better role. Through the above analysis we can see that,in our country,it is not practical to set up the crime of abettor. At last,the article also made the final criminal legislation, hoping to solve the theory and judicial practice in many controversies.