Study On The Problem Of Lure Crime

In our country criminal law general rule has the abettor, but criminal law minute then also rules and regulations some had instigates the nature the criminality.Then the criminal law minute had stipulated separately the instigation crime, tempts the crime, instigates the crime three kind of type crime altogether nine charges.Although tempts the behavior, the instigation behavior and instigates the category which the behavior all belongs instigates generally, but tempts the crime and the instigation crime, the abettor and so on also has the obvious difference, tempts the crime has an own bright characteristic kind of crime, tempts crime concurrently to implement violates with abettor’s certain characteristics, simultaneously this kind of crime in the applicable scope, puts on record the standard, accomplished offense recognizing as well as the legal punishment indeed grades the aspect also to have many problems, is worth us going further to study and the solution. The full text total20,000characters, altogether divide five chapters approximately.The concrete content is as follows:First chapter is "tempts the crime outline".Embarks from the abettor historical treatise, the research tempts the crime evolution law of development, thus quite comprehensively to tempts the crime connotation to carry on the limits.Second chapter is "tempts the crime establishment".According to the crime constitution theory general principle, the union tempts crime own characteristic, the science limits tempts the crime constitution to discuss the characteristic.The summary theorists about tempt crime applicable scope each viewpoint, limits its existence scope reasonably.Third chapter is "tempts the behavior and other similar behavior boundary".The main comparison tempts the crime to tempt the behavior with to instigate the behavior, the help behavior, the instigation behavior as well as the instruction crime method behavior similarities and differences spot, avoids tempting the crime and the abettor, the help violates and so on to confuse.Fourth chapter is "our country tempts the crime existence question".Mainly elaborates from four aspects tempts the crime existence question and proposes the corresponding solution:One, tempts the crime rules and regulations scope small question; Two, tempts the crime to put on record investigates the standard unreasonable question; Three, tempts the crime accomplished offense standard to recognize the question; Four, tempts the crime legal punishment to determine owes the science the question.Fifth chapter is "tempts the crime to consummate the suggestion".Mainly puts on record from the reasonable stipulation investigates the standard, the unification accomplished offense recognized the standard, reduces the legal punishment suitably, is clear about the limits "the circumstance is serious" aspects and so on situation to propose tempts the crime to consummate the suggestion.