The Construction Of Abettor

The value of theory is not "misconceptions", and not for someone else’s theory "label",and also not not advertised to create a theoretical characteristics. Otherwisethe,we will belost in theory. The life of theory is problem.Abettor system around three issues associatedwith: why punish the instigator, on what kind of abetting behavior to punish, how penalize theinstigator. These three questions are for the essence of instigator, the crime of instigator, thelegal effect of instigator. In our country, the abettor belongs to joint crime. In theinterpretation theory, only if we can confirm the relationship of joint crime with the singlecriminal system and accomplice separation system, we will understand the abettor system inthe whole.On the whole, the paper can be divided into four parts:Frist，the joint crime system neither belong to the accomplice separation system nor thesingle criminal system. Otherwise, the joint crime system is the independent system and alsohas some characteristics of the two. In China, the abettor has some essential differencebetween principal offender，secondary perpetrator and intimidated offender.So we shouldestablish abettor system. It is the branch of the joint crime system, the other branch is the "System Of Principal offender，Secondary perpetrator and Intimidated offender ".There are twosteps for the construction of the joint system, this paper gropes its way up the first staircase inthe dark. In the beginning of this article, taking the selection of theoretical value andpositioning the abettor system,is need to be addressed before the core of the problem.The core of abettor system is abettor penalty basis. Whether it is the accomplice systemor the single offender system, as long as the abettor of the enactment of legislation to punish,there would be abettor penalty basis. But these are not the same form of expresion. This paperexamines not only the abettor penalty basis before1906, when the criminal system finished.And the paper also explains the various abettor penalty basises, which were being after1906,according outline type. Finally, the paper chooses and trend of contemporary criminal lawsynchronous position: the basis of abettor is independent. Unlike the common position inGermany through that, the lawlessness of abettor has independent character. There are variouskind of "blame accomplice theory","illegal accomplice theory" and arousing accomplice theory" fulling "the theory of abettor penalty basis" in the room of the accomplice separationsystem. In order to solve problems, scholars created all kinds of concepts. Frankly speaking,they are nothing. We use these concepts to solve the problems. The concepts are uselessunless the problems are finally resolved. We can finally solve the problems and get a systemto justify without these concepts. What can not it? It is in this understanding, this paper viewthe problems as the main line and keep from the bandage of the concepts as far as possible,and then attempt to find the penalty basis of instigator. At last, the paper get an immatureconclusion: abettor is punished for "the dependence of the lawlessness and the independenceof the blame. And on this basis, the paper starts on instigator’s crime system. That is detailedexplanation of instigator’s essence. Although the conclusion is not enough mature, likely theconclusion is able to "categorical ly"The theory of abettor starts "criminal behavior that onlyone person acetates" as the main line, and starts lawlessness and blame as the pillar.The lawlessness of abettor is independent, and the blame of abettor is also independent.On the one hand, the independence of lawlessness reflects on "independence of illegalbehavior"; on the other hand, it manifests the independence of the abettor lawlessness inthe "independence of illegal result". This paper analyzes the relationship between "violationof law profit" and four "acts worthless", and two "results worthless".And it discusses therelationship between behavior and result, and the four froms of result. It also proposes twonew concepts, that is "the result of behavior" and "the result after behavior". On this basis, itdemonstrates the key element: the behavior lawlessness of one,who is abetted by instigator, isthe content of result lawlessness. For the instigator’s lawlessness, in addition to the objectivelawlessness, there are subjective lawlessness. That is "double deliberate" and "special statusknowing". In the crime theory of instigator, deliberate still "play double status ". But it isdifferent from the single act crime of being, the instigator’s "blame deliberate" is not reflectedby "illegal consciousness", but by "expected possibility fact knowing". The "expectedpossibility fact knowing" makes the instigator’s blame different from the single crime’s, whichis the innovation and difficult of this article.This article not only solve the "abortive abetement","abetted failure","guilty ofabetting","abetting the guilty ","abetting self-injury","abetting suicide" and other difficultcase, which are often talk about,during the process of instigator’s crime construction, and alsoreviews the problem of "preliminarying" and "suspending" in the instigator’s crime system.The instigator’s crime system is not fragmented, it is to rely on the basic concepts of criminal theory support up. The instigator’s crime system is not empty, it is to solve practical problemas its foothold. Overall, this article takes account of "system" and "case ".