The Study Of Instigation Independence Property

The phenomenon of common crime is always the hottest topic in criminal law,and crime of instigation arose a heat debate in the accomplice theory. In the presentresearch situation of domestic and foreign criminal law theory, the theory of"instigation independence property" and "the instigation subordination property"mutually criticize and dispute to exist for a long time, and the heat argument resemblea raging fire. Although the popular theory "double property of abettor" point ofintends to reconcile, but the reconciliation between the two opposite views only canlast a short time but never make the dispute between the two groups come to end.The domestic scholars have pointed out that the property of the instigator is theprimary problem that the abettor theory research must solve. Indeed, the definition ofthe property of instigator is the foundation and starting point of other abettor theory,so the correct comprehention and grasping the property of the abettor will do help tothe study of criminal law further theory on the instigator of the completion of forms,the constitution of abetting crime and the basis of punishment,the status of abettor incriminal law and other theory.There is a famous saying that "predecessors plant trees,descendants enjoy cool",criminal law thoughts of sages left after the immeasurable help and inspiration, theachievement of their research make the new generation of young scholars makeresearch ideas and research methods of valuable, regardless of successful or not, I wasstanding on the shoulder of a large number. Whether it is a faction or the amendmentfor original views, on the describle of property of abettor’s point of view, all thescholars use those incisive views.The first part of this paper briefly introduces many property of abettor theory.The author summarize and compare, according to the basic proposition of the theorydivide them into four categories, analyze the shortcomings of various theories,expounds the enlightenment that the theory bring. The second part of this paper talking about the theory of the instigator,focusingon the two opposing property,namely the independence and subordination theories,and the nature of the two opposite views. At first,this part spread up the populartheory of "double property of abettor", analysize the opposite theory contradictionshidden in the traditional point of view and the duality of representation, and thencome into the deep description on the theory of independent and subordinationrespectively, find out the defects and flaws from the traditional argument, leads to theunderstanding of the essence of abettor.The third part of this paper is the exploration about the independence of theinstigator. In this part the author firstly "indirect Instigation","instigation of selfmutilation or murder" in the specific provisions of abetting independent crimephenomenon described by these phenomena, analysis the abettor question from pointof view, and then contact characteristics different from the independent of otheraccomplice crime, and then obtains different understanding of the independence ofinstigation in non-accomplice stage and accomplice stage, finally the author advocateperspective the "independence" of constitution of the abettor,the principle of"punishment" to the application and processing in the judicial practice on the abettorpuzzle.In a word, the study of properties of instigator significant to the abettor theoryitself, consolidating and improving the other criminal law questions and the using ofguidance,.