The Research On The Nature And Punishment Of Instigator

Instigator of the nature and punishable under criminal law study abroad especially in Germany, Japan, represented by the national criminal justice system criminal law scholars are keen to discuss the co ntinent's problems. Since China's mainland criminal law professor, Wu Liu-cun criminal law experts say instigator since duality in nature and punished according to the instigator also started a lively discussion. But an overview of the current academic achievements, the instigator penalty in accordance with the nature and although the view everywhere, but not in depth. Here, I look for a review of the probe.This article reads about 50,000 words, constituted by three chapters. The first chapter is the instigator article outlines, the main use of historical research and comparative study abettor theory expounded in the history of the theological and abroad, on the basis of precise definition of the concept of instigator, discusses the four conditions establis hed instigator : Object abetting, aiding and abetting acts, aiding and abetting intentional and was the instigator of committing a crime. Articles from the second chapter of German and Japanese criminal law theory say about the instigator and independence from the property, said the theory of the origin, and is now talking about the decline of independence, obtained from the property, said Generally accepted reasonable. In view of the property dispute instigator, instigator of independence say and say duality exist in many unreasonable argument foundation, argumentation, the logical conclusion, and so on, while the instigator implement from the property, said just before the foundation of the argument comply with the requirements of the position of the objective of criminal law doctrine in criminal law will demonstrate the process of objective standpoint of a consistent, logical conclusion does not result in heavy fines or misdemeanor improper expand and contract penalties and other penalties unfair phenomeno n. Meanwhile, according to the substantive interpretation, Article 29 of the Criminal Law of the abettor can be found from the property, said legislative basis. In Chapter 3, we first analyzed the status quot instigator penalty under the clear need for the introduction of Germany, Japan and instigator penalty in criminal law theory are discussed under the relevant theory. Then analyzed accomplice liability theory, theory and causal illegal accomplice accomplice accomplice theory and causal theory of purely internal cause that sparked amendment that mixing caused said. By comparing the results, the results on the type of hybrid worthless cause said to have validity in the basic position is consistent with the objective requirements of criminal law doctrine in such abetting attempted to kill themselves and other special cases are also the most reasonable conclusion. From our legislation and judicial practice to consider, on the type of mixed results worthless cause say more in line with the requirements of the legislation, more effective guidance of the judicial practice.