On Instigator

The paper which contains six aspects discussed the theories of the instigator. First, the writer investigated the origin of the instigator. Secondly, the author analyzed the character and the concept of the instigator. Scholars have been disputing the character of the instigator ever since and they do not reach agreement. The attached theory thinks that the penal responsibility and the form of the instigator are lied on the practicers. The independent theory thinks that the instigator is independent in the joint crime. Twoness theory combines the former two theories. Thirdly, the paper discussed the form of the instigator. The instigator not only has violated the order of the society management but also the object of the crime which is abetted. The fourth part is about the preparation for an instigated crime, the criminal attempt and discontinuation of an instigated crime. What shape does the instigator belong to, who is prescribed by paragraph 2 of article 29 of the criminal law of the PRC? We can not come to a conclusion simply. The fifth part is about the principle to punish the abettor and its penal responsibility. The general rule to punish the abettor is that the degree of punishment shall be commensurate with crime committed and the criminal responsibility to be borne by the instigator. The writer made suggestions on legislation about the abettor at last.