Analysis On The Problems Of Identiifcation Of Attempted Instigaiton

Instigates attempted joint crime theory is one of the very complicated problem,has always been controversial, or even by some scholars called the despair articles. Forthe domestic criminal law educational world is concerned, its dispute mainlyconcentrated on criminal law of the People’s Republic of the provisions of paragraph2of article29different understanding. Many scholars are writing about the criminal lawis the provisions of paragraph2of article29published different opinions, the scientifictheory about abetted the main combination instigator attempted study the dependency,independence or attempted criminal punishment according to the dual character and tolaunch, and at the same time, many scholars ignore the combination to crime to discussthis problem, and domestic research conclusion about abetted attempted not science,also not form a clear are highly identity point of view. Accomplice the dependencytheory, the instigator belong to one from, if one has not begun to crime, so was notgoing to instigator, let alone the attempted to instigate problems. By the theory of theindependence that instigator accomplice independent of one, even if one has notimplemented the crime, instigators still stand, namely be abetted the attempted. Thedual character has said that instigator, both from belong to one and instigatorindependent of one. This is the theoretical explanation abetted the attempted broughttrouble. Therefore, it is necessary to our country the instigate it attempted theory comb,and to the criminal law article291and2of the judge relations, so as to better servicein judicial practice.Above all, through choosing case study abetted criminal attempt, in combinationwith the specific local criminal law theory and legislation to explore the instigatorattempted problem, not only be able to respond to the dispute over the field, also canbetter guidance judicial practice.The letter divides into five parts:The first part introduces the causes, this case is ShangHaiAn Huang intentionally.The second part of the case for introduction. In this case,Huang abetted Xie toimplement intentionally hurt crime Chen behavior, such as Xie armed withs stick inpeople of Chen near a chicken farm wait for, for a chicken farm and failed toimplement more damage behavior. After several, Xie has had three temporary, set fireto the chicken farm burned Chen. After the public security bureau to Huang on area intended harm blame suspected to approve arrest.The third part summarizes the central issue of the case. In this case the focus ofdispute mainly in Hhuang’s behaviors to qualitative, is a abetted the attempted.The fourth part is to the central issue in this case the legal analysis. This section isthe core content of this paper. Mainly analyzes the academic circle on the theory ofattempted abetted dispute; In our criminal law article29understanding read; Discussedthe our country criminal law educational world about abetted the theory of attemptedproblem; For the second paragraph of article29of the criminal law "the instigatedperson has not committed the instigated crime," meaning understanding is discussed inthis paper.; Clear the structure characteristics of the attempted abetted abetted thepunishment and attempted principle, and combined with the case of Huang’s act, whichis analyzed. In every legal analysis after all this, the author puts forward the case to thecentral issue point of view.The fifth part is research conclusion. Through the case and relevant analysis of thespecific legal theory, it is concluded that the behavior of Huang with the secondparagraph of article29of the "has not committed the instigated crime", therefore, thebehavior of Huang shall be affirmed as abetted the attempted. For that Huang’sintentionally hurt crime of abetting, may be given a lighter or mitigated punishment.