On Aggravating Abetting

Aggravating abetting is a behavior that aggravating the incitement of abettors to impose aggravating circumstances as China’s Criminal Law stipulated when the perpetrator already has the criminal act of committing some basic crime.For example,when the perpetrator already has the intent to commit a robbery,the instigator incite him/her to commit a gun robbery or repeated robbery.Before completing the form of criminal participation and morphological evaluation on a criminal law sense,the aggravation and abetting in this article only refers to an abetting in the general sense of life,that is,“making someone do something”.Due to the extremely high concurrency between the aggravating factors and aggravating foundation,aggravating the incitement is a crime participation phenomenon that is extremely prone to appear in the judicial practice.Only by accurately recognizing the criminal participation form in the criminal law norms can we achieve accurate sentencing,which enables us to achieve a balance of crime and punishment.Therefore,the study of aggravating the instigation has a special theoretical value and practical significance.This article includes four parts about 44,000 words.The first part: sort out the precondition of aggravating.Aggravating circumstances originated from the individualization of criminal penalties,its connotation reflects the objective harm of behavior,the perpetrator’s subjective viciousness and the possibility of recidivism aggravating,and the Criminal Law provides for aggravating the subjective and objective facts.In the aspect of structure,aggravating circumstances consist of aggravating the foundation,aggravating elements and exacerbating punishment.In terms of nature,taking whether the property possesses the characteristics and characteristics of the crime as the standard,the aggravating circumstances can be divided into two categories: the aggravating crime constitution and the objective aggravated-punishable condition.The second part: to clarify the summary of abetting.Aggravating abetting refers to the incitement to aggravate the circumstances in accordance with the provisions of criminal law of our country,which is different from the abetment to aggravating crimes alleged in the extraterritorial criminal law.According to China’s criminal law,the former and the latter are genus relations.From the point of view of the four crime constitution elements,by dividing the aggravating the basic types of plot,the type ofAggravating abetting behavior can be divided into the main aggravating and abetting behavior,the subjective aggravating and abetting behavior,the objective aggravating and abetting behavior and the objective aggravating and abetting behavior.At the same time,aggravating the subjective understanding of abetting,when the aggravating factor belongs to aggravating the constitution of crime,it is necessary to aggravate the abettor to have subjective understanding.The third part: the nature of making a detailed inquiry about aggravating.Since the unitary system Criminal participation has an amount of defects on aggravating abusive such as: confusion of the type of criminal behavior,the difficulty in ascertaining the starting point and the expansion of the scope of punishment,this article will bases on the system of differentiated crime participation in order to solve the problem of aggravating crime participation.Specifically,when the aggravating abettor incites the perpetrator to impose an aggravating circumstance,the abettor should be encouraged to commit the crime of basic crime and to commit aggravating crime;when the aggravating abettor incites the perpetrator to impose aggravating When punishing the conditions,aggravating the instigators only set up the helping offenders for the basic crimes.The fourth part: to discuss the responsibility of aggravating abetting.Aggravating the lawlessness of abetting behavior and aggravating the subjective responsibility of abettors is the justification basis for criminal law to increase aggravating criminal responsibility of abettors.The specific elements of aggravating the abettor’s application of aggravating penalties include aggravating abettor’s liability,aggravating facts of behavior and aggravating crimes.The application of the sentence imposed on aggravating abettors should be determined on the basis of their role in aggravating the accomplice.When aggravating the instigators only help found guilty of basic crimes,they should be punished according to the principle of accomplice in accordance with the provisions of Article 27 of the Criminal Law.When aggravating abettors and aggravating aggravating crime,abettors should be established in accordance with the provisions of Article 29 The provisions of the article shall be punished in accordance with their role in a common offense.