The Confirmation Of Criminal Liability Of Probable Abetting In Joint Offense

In the theory of joint offense, abetting crime, as a type of joint offense, is of complex constitution, because in abetting crime, there exist instigator and perpetrator. Mens rea will be instilled by instigator to one person or more who have no mens rea so that the people without mens rea will accept mens rea and commit a crime, which prompts a criminal purpose and causes a special social harmfulness.However, in China’s current criminal law system, for the confirmation of abetting crime, this crime is confirmed and sentenced on the basis of the role the instigator played in the joint offense. Today, with social development,criminal offenses present more diverse and complex features and the new type of instigator also appeared, such as probable abetting,assumed abetting and so on. Among them, the probable abetting is to abet others to commit a crime.The intentional range,ways and means of abetting a crime are uncertain and unclear.On the handling of the cases, how the judicial practice should be recognized for its point of view is always different and inconclusive.In this paper, the starting point is selected from "China 2014 annual case--- Criminal Court case"-----the robbery case of a Certain Mr.Wang tried in Fujian province, Xiamen city Intermediate People’s Court. The first step is to state the case briefly, followed by the presentation of inquisition and results of two trial court.Besides,details of the basis of conviction and sentence during the judicial proceedings against the defendant are described. Moreover, legal analysis is made on the controversial issues embodied in this case. And this paper has also discussed how to convict and confirm liability for the probable abetting in joint offenses in China’s current judicial practice.Finally,the author proposed some suggestions on certain confirmation problems regarding probable abetting and punishment standards.Therefore, further study should be made on probable abetting in the crime confirmation and punishment in joint offenses. Every subjective and objective detail should be carefully screened.Rigorous judgment of instigator’s subjective motives should be made. And the possibility of perpetrator’s excessive behavior should also be considered. Only when the above problems arecarefully discussed and solved will China’s criminal law’s function to fight the crime and assure human rights be fulfilled. On the basis of all these above, few ideas of confirmation of probable abetting, which are of great theoretical and practical significance,are put forward.