A Study On Some Problems Of Instructors

Since it is always hard to understand the abstruse theory of instigators in Science of Criminal Law, the debate on the theory has not ended among Sino-foreign academic science. The definition of instigators, which can be found in the first paragraph and the second of article29th in China’s Penal Code, is contradictory. So I make some superficial discussion on the basic problems of abettors in this paper. This paper is divided into three parts.The first part:the nature of abettors. This section first describes the theories on the nature of abettors in domestic and international criminal law. Foreign scholars of criminal law regard the definition as an accomplice and accomplice independence doctrine, whereas the experts of China’s Penal Code think it instigators duality and independent crime. After analysis of the above theory, I concluded that the behavior of abettors is somewhat different from the behavior of someone abetted according to their characteristics, original motivation, incitement and the theory of joint crime, and due to abettors’ responsibility, I agree to set up independent crime separate from the theory of joint crime.The second part:the unaccomplished cases of abettor. How to determine the preparation, crime termination and criminal attempt has an important role in instigators’penalties. I first introduce the criterion for judgment and punishment on the preparation, crime termination and criminal attempt based on the theory of domestic and international criminal law. I believe abetting equals performing and instigators are behavioral criminals, so the criterion for judgment should be based on abetting acts. As the instigators during the period of preparation are not likely to violate the law, they should not be punished severely. I think how to punish them should be based on the fact. If the person abetted someone, and he or she also stopped the crime, he or she should be sentenced lightly.The three part:add the crime of abetting. I think how to punish them should be based on the fact. If the person abetted someone, and he or she also stopped the crime, he or she should be sentenced lightly. Adding the crime of abetting can also be effective in preventing social defence. And the criminal law will apply to vicious instigators. Personal risk is one of the basic rules of criminal responsibility. Personal risk and abetting acts infringing legal interests constitute the theory of abetting crime. This section also analyses the constitutive elements of abetting crime. We eventually come to the conclusion of deleting our current law on instigators and it is feasible to add abetting crime in the Sub-rule.