| Article 29,paragraph 2 of the Criminal Law is about provisions for attempted instigating,and there is endless debate about its applicable academic circles,that is,whether or not the instigated person has not started to commit a crime.In this regard,many scholars use the nature of teaching behavior as a theoretical basis to interpret the application of this paragraph from different angles of theory.There are mainly dual criminal divisions under the criminal participation system to teach the independence of the prisoner,the dual nature of the abettor,the abettor from the attributes of the crime and a single positive crime is involved in the system of independent teaching and so on.In the first part of this paper,the extension of the application of Article 29 Clause 2 of the Criminal Law under the duality system is combed to illustrate the advantages and disadvantages.Its duality system is the legal basis,and many theories are derived from the nature of the teaching behavior.Among them,the independence of abettors believes that the abettors do not have attributes,and that the abettor’s duality says that the abettors are independent on the one hand,and on the other hand they are dependent.Both of these two doctrines disprove the rationality of Article 29,paragraph 2 of the Criminal Law from the perspective of attributes and maintain its textual invariability.The abettor from the attribute theory believes that the establishment of the abettor should be based on the need to commit crimes,and in order to resolve its contradiction with the text,indirect criminal offenses,preparation of special provisions,and failure to teach To say that the theory is equal,in order to achieve the harmony between the statement of property and the provisions of this paragraph.The second part analyzes the application of Article 29,paragraph 2,of the criminal law under the system of single positive offense.The single positive guilty system has jumped out of the theoretical framework of the dichotomy.It believes that the act of abetting is a guilty act.The guilty guilty culprits must be equated with the guilty guilty.And on the basis of maintaining their literary intent,they also raise the issue of independent teaching under non-community crimes.The third part puts forward the viewpoint of this article,and considers that each of the above theoretical doctrines is worth discussing.In order to fully punish crimes and achieve the value of the criminal law while maintaining the penalties of the criminal law,this article believes that attempted alms-war is a special kind of preparatory behavior.Punishment attempts are reasonable,and it is advisable that the penal code be applied in the context of non-co-criminal crimes.The interpretation of Article means that the provisions of this paragraph should be applied only when the instigator has committed an act of incitement and is committing a crime beforehand(excluding the preparation of a crime).The fourth part specifically discusses the imputation and limitation of the second paragraph of Article 29 of the Criminal Law and strictly limits it.Only when felony attempts are fully considered,do they fully consider the ways and means of implementing the teaching behavior,the scenes of the abusive behavior,the degree of guilty incitement,and the age of the mentality of the detained person,and fully evaluate whether the abetting will result in harmful consequences of serious infringement on legal interests.It is ultimately decided whether it should be included in the penalties of the criminal law.In this way,crime balance can be achieved and the situation of judicial application confusion in practice can be eased. |
