Instigator Of Legislation To Achieve Independence

The problem of joint crime is an important subject in the study of criminal law, which is determined by the universality and diversity of the criminal law. In issues related to the joint crime, abettor and with its unique form of crime, that there is only persuasion, inducement, incite, instigate, bribery, threats and other behavior is not specific to proceed with the implementation of crime, become the focus of controversy in theoretical circles. The study on the problem of the problem of the study of the relevant issues of the crime of the crime of the nature of the theory of the nature of the theory, from the property theory, the theory of independence, the dual nature of the basic theory of the nature of the crime, the choice of the nature of the theory of the choice also determines the choice of legislation. The twenty-ninth article of the criminal law of our country stipulates that "the crime of solicitation of another person shall be punished according to the role he plays in the joint crime. Instigates a person under the age of eighteen crimes, should be severely punished. If the instigated person does not commit the instigated crime, the instigator, be given a lighter or mitigated punishment." This provision and independence and from the property in one, two conflicting and contradictory theory hybridity, but also resulted in the theoretical research of complexity and confusion. Based on our shortcomings and contradictions of abettor legislation and theory, from the nature of instigator of choice, by using the method of comparative analysis, from the analysis of advantages and disadvantages of attribute theory, independence theory, duality theory, combined with the practice of foreign legislation, that the choice of instigation independence theory conforms to the basic policy of our country criminal law protection leniency, legal protection and social order can be better, more comprehensive, to make legislation more perfect, recommended the establishment of an independent abetting, and constitutes a refinement on the crime, compared with other similar abetting acts, to solve the problem of judicial practice the lack of maneuverability, The main text of this paper is divided into five parts:In the first part, the theory and criticism of the dual nature of the doctrine of the double nature of the crime of the crime of the. The dual nature of the crime of the crime of the crime, sentencing and the stage of the crime of the crime, the different nature of the different aspects of the different aspects of thinking, there is a distortion of the nature of the situation. Not only the error in the specific methodology, but also the basic rules of the theoretical study.The second part of the theory of the nature of the problem of the shortage of the. In the case of the relevant legislation of our country’s legislation, the legislation of different legal system is summarized, and it is not applicable to the judicial practice of our country.The third part is to promote the independence of the crime of the first two parts. This paper advocates the abettor theory is relatively independent of subjectivism in criminal law from the perspective of personal responsibility. From the perspective of the scope of legal interests protection, from the theory of the integrity of the structure of the theory, the theory of independence from the perspective of the theory of more advantages, compared with the dual theory in terms of the criminal policy of Combining Leniency with our country, and thus come to the conclusion that the theory and legislation of China’s criminal law and the adoption of the independence theory is more appropriate.The fourth part mainly demonstrates the possibility and feasibility of the application of the crime of the crime in our country. It conforms to the unified principle of subjective and objective, the principle of the principle of legality and the principle of legality, and it also can make the judicial practice more operable. The mature experience of foreign related legislation also provides guidance for the establishment of the crime of our country.The fifth part mainly discusses the independent abettor crime legislation and judicial application related issues, including independent abetting the crime composition analysis, difference between the independent abettor crime and criminal methods to teach the crime and the criminal law of our country sedition crime, in order to facilitate a better guide the judicial practice.