Research On The Problems Of Set Instigation

Set of abetting refers instigator preset conditions established instigated others to criminal acts in the case when the conditions are met. Abetting set of features include: first, abetting preset content and certainty. Among them, abetting content is mainly reflected in the set time in advance; Certainty abetting content mainly refers to criminal acts expressed instigator to be implemented must be clear and specific. Second, the preset condition occurs or not is probable indefinite. Set conditions occur or not probable, referring to the conditions set in the instigator of abetting the preset if eventually happen, and this is uncertain. Third, the implementation of the behavior of lag. The implementation of behavior and abetting acts relative, referring to specific criminal acts, the former lags behind the latter, there is a certain time difference between them.The main of the setting of instigator include natural persons and units. When the study of natural body, we should regardless of the age factor and the ability to bear the consequences of criminal factors. Set of abetting acts, including the most notable feature of the pre-conditions set conditions of behavior, abetting criminal behavior and basic behavior system foundation set by the criminal laws of the instigator of the implementation of the essence of the system behavior. Set of objects for abetting criminal actually has control on the ability of people to identify their own behavior, the result set of abetting elements, refers to being instigators obey abetting, and thus produce Criminal Intent to commit the crime under conditions permit actions. Set of abetting causation refers to the set conditions ultimately lead to the instigation of criminal intent and implementation of crime and criminal behavior after fulfillment of the conditions caused by the result against legal interests. Set of elements only deliberately abetting liability and requires instigators able to identify and control their own behavior, and it has an objective understanding of illegality possibility and look forward to the possibility.From the theoretical point of view attribute set of abetting Punishable is the infraction law dangerous which caused by set of abetting acts belong to the infraction law`s previous stage,which caused by the implemented behavior of being abettors. First, the setting of abetting the perpetrators are being punishment abetting acts of from the implementation of the Hazard object belongs. Secondly, the setting of the instigator was established to implement the requirements of the instigated objects and actions are consistent with the illicit nature of constituent elements. Again, the setting of the instigator of the crime abetting subordinate was committing crimes actual instigator, making it dependent on the angle of crime has Punishment. Finally, the setting of the conditions set abetting acts of infringement caused by the legal interests of the risk of real urgency is to promote the implementation of the behavior of the instigator of the law caused Infraction possibilities. From the theoretical point of view of independence set of abetting Punishable abetting the act itself is legal interests invasive. First, the set of abetting the act itself is harmful to the society and the legal interests invasive, are implemented with Punishable behavior. Second, the set of abetting acts will lead to the integrity of the state social instigators have been infringed, or cause to be abettors promote the implementation of criminal acts against the risk of legal interest. From the duality theory, the set of abetting Punishable behavior is dependent abetting criminal intent and independent antisocial. First of all, constitute a crime, criminal patterns and counts three levels of analysis from the set of attributes its instigator Punishment. Secondly, from the set of abetting acts instigator of the crime itself independent angled interpretation has objective conditions can be fined.Abetting theory of punishment is set according to the theory of causation that compromise caused said. Admit abetting illegal behavior inherent factors, but also the implementation of legal interest belonging infringement or violation caused by dangerous behavior results, together constitute the instigator penalty is based; the provisions of Article 29, "Criminal Law" for the punishment set of abetting provides legal based. For the set of abetting the attempted instigation, shall be in accordance with abetting the crime committed, mutatis mutandis Accomplished lighter or mitigated punishment. On the set of abetting attempted instigator and Germany, should be recognized as specific abetting crime instigator penalty in accordance with the crime instigated.