On The Error Of Fact To The Abettor

In judicial practice, the instigator and crime in the process of joint crime can will appearcan produce fact cognitional error by either or both sides of fact cognitional error, the factcognitional error may influence the instigator and the cognizance of crime criminal liability,this needs based on the related theories to solve the problem. This paper’s research object isinvolved in a joint crime and understanding mistake two major theoretical issues, is based onthe instigator theory to the detailed research of factual errors, the ultimate goal is for the sakeof applying theory to the judicial practice, solve the instigator of criminal facts wrong casecognizance of criminal responsibility.Abetting the crime is a kind of very common and very special joint crime. Joint crimeproblem is bound to more complicated than the separate crime problem, the fact error problemin separate crime of research itself is complex, if the research on joint crime factual errors, aremore big the breadth and depth of the research, at the same time also increased the difficultyof the research. Among them, in caused by the instigated crime, the instigator is not directlyimplement the criminal intention, but through the practice of making behavior to indirectlyrealize the criminal intention, such a process some punishment law scholars called prolong theprocess of causal relationship, factual errors in the process of such a problem must becomplicated. And theory about joint crime theory and factual errors there are a variety oftheories, some theories are completely the opposite, different theories of instigator factualerrors inevitably problems dealing with a very big impact, and may appear the opposite result.Therefore, to accurately measure understanding error of the offender’s criminal responsibility,just need to do some in-depth study of abetting the crime problem of factual errors in.This article mainly divides into four parts of the above problems were discussed. Thefirst part is summary of instigator factual errors; The second part is the instigator factualerrors basic theory; The third part is the instigator factual errors specific analysis; The fourthpart is the instigator factual errors of special problems.To handle the instigator facts wrong question, it must fully understand the concepts ofinstigator factual errors and research scope. Overview in the first part of this article, therefore,instigator factual errors, detailed understanding of instigator facts wrong concept, study scope, classification and treatment principle, etc. The instigator classification of factual errors isput forward, involving in this paper, the classification of the research methods. Because of thedifferent types of instigator factual errors have different characteristics, should use differenttheories to solve, cannot treat as the same, solve the problem to be targeted. And principles ofmanagement is the direction to solve the problem, it is an insurmountable boundaries inproblem solving.The second part is this article core theoretical problem, also is mentioned about theinstigator and factual errors of two major theoretical issues. The instigator of properties andpunishment, the basis is to resolve the problem of instigator is the nature of its inherent inparticular, whether instigator of fact cognitional error, for his criminal responsibilitydetermination should be consistent with its nature. Thus, instigator with what nature willinevitably affect the criminal responsibility. This article respectively to the instigator ofduality, independence and properties are discussed, come to the conclusion that the instigatorsof the dependency. On this basis, to analyze instigator factual errors processing problems.Theory of another big problem is the fact that the error of processing theory, main is to meetwith legal conform to specific contrast research, because the machine is suitable for various oftheory of instigator factual errors processing is different, the handling of some categories oreven the opposite.The third part is combining theory and practice is discussed. A part of the In this section,the instigator factual errors according to the first part of the classification of the specificdivided into instigator integrity factual errors and individuality factual errors, in these twocategories and their factual errors are classified into the same constitutive factors and differentcomposition important document of factual errors, in detail elaborated the concept andfeatures of these categories, which targeted to apply relevant theory. In this process, the authorillustrates some related cases, strive for the abstract theory more specific and visualization.The fourth part involves the instigator special problems in factual errors. This is found inthe process of the instigator of factual errors, one is the problem of the aggravatedconsequential offense, another is the concurrence of imagination to make problems. Theproblem is not the instigator of the aggravated consequential offense problems inevitably inthe factual errors, but there is a certain degree of similarities and coincidence, so it is necessary to explain. And imagine competition make problem is dissimilar toconstitutive requirements of instigator the inevitable problems in factual errors, affect theconviction and sentencing of prisoners, so is also a problem which cannot be ignored.All in all, this article is based on the instigator of the nature, components in the samefactual errors and the component elements of different factual errors as the basic classification,analyzes the instigator factual errors should be applied by the theory, finally thecorresponding theory to an offender’s criminal responsibility.