The Research On Attempt Of Solicitation Of Ploblems Of Identification

Instigator problem is the difficulty in criminal law theory, the theory is controversial about the instigator everywhere, so that some scholars call it, "Zhang despair," Criminal Law "dark zone." Abettor theory in many disputes, disputes concerning abetting attempted particularly prominent. The main point of contention is the instigator of understanding the nature and the different provisions of paragraph 2 of Article 29 of China’s "Criminal Law" different understanding. In view of this, I try to common crime and crime theory unfinished form theory as a basis for identification of abetting attempted to study the issue, in order to produce criminal theories and judicial practice reference.Instigation theory is the theory of common crime and crime unfinished form cross and integration theory, abetting attempted to study, not from the overall framework of common crime, but also closely related forms of crime unfinished content. This paper studies the nature and abetting attempted identified closely related instigator and abetting attempted Punishable, abetting attempted specifically identified, the relevant provisions of the existing legislation and other issues. First, start with the relationship between the principal offender and accomplice in the binary system distinguish discussed instigator of nature, demonstrates the instigator from the property say is reasonable. Then, analyze the instigator Punishable with attempted offense can be fined, on this basis, explores abetting attempted Punishable. And then later, depending on the nature and abetting attempted instigator Punishable combined Crime Theory, combed abetting attempted conception and proposed specific criteria identified abetting attempted. Finally, the provisions of paragraph 2 of Article 29, "Criminal Law" of the interpretation and proposed that provisions Problems and Suggestions for Improvement.