Research On The Punishment Of Abettor

An abettor is an intentional person who instigates another person to commit a crime. The instigation action is one kind of unique action method, and its harm acts not only on depending on urges another person guilty action of implementation, creates tangible harm to the society, more important depends on this instigation action makes to be formed by abettor commits a crime this kind of invisible harm thought. And seeing form the society,instigation teen-ages commit a crime, and the appearance is more and more, and is seriously influencing the healthy growth of teen-agers and the society stabilizes. It is favor of correctly, and possesses the important real meaning therefore gonging deep into research the problem of the abettor, being fixed to form the valid true boundary of important document, quality as well as the principle of punishment to his with do struggle against abettor.Near several years, theory bound pair abettor carried on the inquiry gone deep into,but still exists many perplexed parts. On the foundation that about abettor stipulate and theory in the west of this text uses for reference, having a foothold somewhere in this county national condition, the theory of abettor to our county has been carried on the inquiry gone deep into, and grips basic main points such as the punishment principle of abettor,so that better control the theory of abettor.This thesis consists of preface,main body and conclusion. Preface gives a reason why the author studies the question. The thesis proceeds form basic theories which the abettor punishment, based on the analysis of foreign relevant theory, legislation, the justice that practices, and combine to our country criminal law provision on the abettor punishment, probe into punishment of abettor according to, principle,And the concrete question of applicable to etc..The full text is divided into four parts.The fist part mainly probe into the abettor punishment foundation theory, at review the relevant foreign theory, and combine domestic scholar thinking of this question, propose the punish to which abettor according to.The second part mainly about the punishment of abettor principle. After enumerating the legislation example about the fact that the abettor punishes abroad, and analyses the dispute that the domestic scholar have about the punishment of abettor principle, insist that the abettor punishment of three principles. And carry on the preliminary discussion to the restrained punishment to instigation behavior.Launch from three principles that abettor punishment should abide by, The third part probes into abettor concrete problem of punishment. Mainly about the abettor function asserts in complicity,attempt of instigate meaning and crime form to be asserted in,question such as being suitable of principle of punishment of instigating minor to commit crime. In the Criminal Law of China ,article 29,section 2 states:"provided the person is not guilty of the instigated crime,the instigator may be punished less severely or with a lighter punishment."It implies that the instigation must be punished,in above situation. Because of the ambiguity and confusion of the prescription of the current Criminal Law and the complexity of theory, scholars can not study the matter at the same position. The reasons come form two aspects form the point of view of the study of Chinese Criminal Law. The first one is the disagreement about the nature of abettor; the second is the different understanding towards clause two of item twenty-nine in our present Criminal Law.After the behavior of instigation completes, the human who instigates has not been violated crime's crime shape which instigates, the logically coherent argument theoretically was"attempted instigation."The author approves the synchronous viewpoint. The author believed that the abettor both has the dependency, and has the independence, was two kinds of attribute unification, the abettor instigates other people crime this behavior already finally, was only because outside the setter on will's reason - - has not been violated by the setter on the crime which instigated, therefore setter on anticipated harm result has not had or the criminal intent has not achieved, conformed to the criminal attempt completely the characteristic; But in has not been violated by the setter on is instigated in crime's situation, the punishment principle and the attempted commits punishment principle is similar to the abettor. Our country criminal law theorists' logically coherent argument believed that our country " In the Criminal Law of China ,article 29,section 2 states:"is instigated the human not to violate the crime which instigates", including four situations. In is instigated when the human has not violated the crime which instigates, regarding to the abettor the punishment, the author proposed that examines and considers our country criminal law with the modest and restrained principle the stipulation, thought the logically coherent argument includes the human who instigates has not been violated crime's four situations which instigates,all the use penalty has not punished necessity.The crime mechanism of abettor laid not only in making the crime, but also making the criminal. The behavior of instigates will create the harm to the society through the crime behavior of the human instigated, even if under the fourth situation, it is also not unnecessary to use the penalty to the abettor, only suitable to carry on the penalty to the grave offense abettor.Therefore, the author believed that in the view of several kinds of situations of the attempted instigation, the principle of modesty and restraint can be used to deliberate the stipulations in our present Criminal Law. We can profits from the overseas advanced legislative pattern,and reduces the punishment scope. Therefore, the author suggested that the article 29,section 2 states of the Criminal Law of China, will be:"if the human instigated has not violated the crime which is instigated,and if this crime's legal lowest punishment is the set term of imprisonment above three years, regarding the abettor, may according to the instigated crime, to reduce or the absolution punishment leniently."The reason of this suggestion is because of jurisprudentially speaking, the attempted behavior certainly taking the legal responsibility, can only be the one that poses serious threaten or creates the significant harm to the law profit. That is, only the crime of quite serious nature punishes its'non-completed shape.The fourth part, the author discusses the relevant problem that the abettor punishment .Involve punishment question of the network instigator. The network instigator,as a new type of crime,is different form the traditional abettor not only in form, but also in its basic attributes. Its major characters are :the complexion of intension, variety of instigating methods, the uncertainty of targets, as well as the difficulty in defining the causality. Accordingly, it becomes difficult to explain the problems like the intention of an abettor, solicitation actions and targets in Internet solicitation Challenges brought by Internet , meanwhile, are inevitable. Therefore definitely establishing the network instigator in the criminal law should be the fundamental way to solve it.The impact of network instigator to the criminal law basic theory, not only causes the formally distinguish between the network to instigate and the common abettor, but also possibly causes the serious results that massive non- instigated objects accept the same instigates. To resolve this contradiction thoroughly, it must determine guilt the instigate of network alone. The punishment to the network abettor's, may refer to the traditional abettor's punishment: (1)The one instigates other people to crime, according to his function in joint offense's, is punished generally as the principal offender; (2) The one instigates the minor to crime,is punished severely according to the abettor;(3) the untenable crime behavior of network instigates, does not be punished.