The Study Of The Character Of Abettor’s Character

For the past few years, with the increasing crimes of subornations, how to punish them attract academic community’s attention. At the same time, because of different opinions on subornation’s character, how to convict and punish them also brings a lot of arguments among scholars.According to the continental criminal law, the theory of subservient accomplice based on criminal objectivity, paying attention to the interests violating, considering the act of subornate itself being no interests violating. Only when the abetted people carry out the crime, can the abettor’s purposes achieve and can we use the criminal law to punish the abettors. However, the theory of independent accomplice based on criminal subjectivity, paying attention to the personal danger, considering as soon as the abettors carry out the instigate are their crime purpose achieved, not need considering the action of abetted people.Our scholars brings out three theories, the theory of subservient accomplice, the theory of independent accomplice and the theory of dual nature accomplice. Among them, the first two theories originated on the continental criminal law, having their own defects, the last theory also has its own logic contradiction. There is only one standard to judging the action of instigators, at the same time, as the conflict two theories, the theory of subservient and independent accomplice cannot exist in one criminal law. Therefore, the theory of dual nature accomplice doesn’t have its theoretical basis.This article advocates the theory of subservient accomplice, and the subordinate means practicing subordinate, under this hypothesis, this article advocates restricted subordinate. On the one hand, the theory of independent accomplice considers the action of instigate as the action of violating the criminal law. On the other hand, the theory of subordinate accomplice considers the opposite. Therefore, how to separate the action of instigate from the action of violating the criminal law becomes the key in defining the character of instigators. In fact, the action of instigate subordinate to the action of violating the criminal law, the abettor makes use of the offender’s actions to violating the interests. Although the action of instigate displaying the personal danger, it isn’t the standard of defining the crime because of the individual duties. Also this article considers the29th rule of the criminal law being defined the subservient accomplice. And this article, includes the terms of defining the crime, how to punish it according to the different conditions and the differences between the abettors and the indirect offenders, invisible assist offenders.