The Research Of The Suspension Of Instigator

Instigator is a type of complicity,which is stipulated by the current criminal law. Compared with the other types of complicity, Instigator seems more particularity and complexity. Especially at the judgment of its nature, Scholars haven’t reached a consensus. The abettor theory is one of the most controversial issues in the theory of accomplice,which has even been called "the place of the dead" by some Scholars. Article 24 of criminal law states clearly: "The concept of discontinuation of a crime means stopping crime or taking positive measures to prevent the occurrence of crime results in the process of crime ". The theory of accomplice and suspension of crime is the foundation of researching suspension of crime. However, It is complicated to study the theory of suspension of instigator because of the different opinions and controversy. Doctrinal dispute will lead to confusion in judicial practice inevitably. Therefore, Studying the suspension 0f instigator is meaningful and Valuable. This article have four parts:Part 1:It is the Introduction to the theory of instigator suspension. The analysis of the abettor nature is the foundation of suspension of instigator. There are five different theories about the nature of instigator, the author agree with the theory of subordination of accomplices. At the same time, the author analyzes the definition of instigator and the different point of suspension of instigator. At last, this article discuss the difference of "suspension of crime", "suspension of instigator" and other related concepts.Part 2:The second part try to explore the establishment of conditions for the suspension of instigator.Space-time Automatic and Effectiveness are three elements and conditions of the establishment of suspension of instigator. Firstly, the author define and judge “time and space” through scientific method. At the same time, I make a conclusion that suspension must meet the conditions of space and time that start from beginning crime until producing results. Secondly, in terms of standard of automatic identification, the author support Compromise views more than other views by comparing a series of theories and doctrines.At last, this part talk about the effectiveness of suspension. It requires that the criminal intent of abettors must be removed effectively to persuade the abettors giving up unfinished criminal and retrieve the consequences of crime actively. If the abettor is stubborn and insist on his own views constant or don’t listen to persuasion, the Instigators can avoid the consequences of crime through their own behavior.Part 3 is the cognizance of the suspension of the form of the criminal. Firstly, this part explicit the quasi termination theory. At the same time, I expound the basis and conditions of penalty reduction of the quasi termination. In addition, I study the relevant identification about the suspension of framed instigator. Farmed instigator do not belong to the special form of instigator, moreover, it has not been included by the range of instigator. It has substantial difference between framed instigator and instigator and standard of identification about framed should be the Individual crime. Thirdly, this article talk about the identification of common suspension of instigator, once preventing the occurrence of crime results through his own active efforts, the perpetrator constitutes the suspension of crime. Finally, the author elaborate and cognizance the suspension of the probability instigator and selective instigator.If establishing the suspension of crime, the perpetrator should clear away the causative potency of continuing offense and the occurrence of the crime. In addition, the perpetrator must persuade giving up the remaining part of crime and take effective measures to prevent the occurrence of crime.Part 4: This part put forward three legislative Suggestions: firstly, i suggest the legislator deleting the second paragraph of article 29 of the criminal law legislation; Secondly, we should increase the legislative provisions of the suspension on common crime. At last, we should concern about the independent crime of framed instigator.