Study On The Criminal Responsibility Of Ambiguous Instigator In Surplus Behavior

In instigating crimes,probabilistic instigating is a type of instigating.Because the content of instigating is uncertain and it is difficult to determine the behavior as an out-of-limits behavior,there is a deviation in the determination of criminal liability for probable instigating offenders.There are various types of judgment standards for this issue at home and abroad.In theory and practice in China,the principle of "beyond the common intentional scope" is used to determine the common intentional scope as the basis for determining the criminal liability of probable instigators,but no further explanation is given.Determine intentional scope and criteria for criminal responsibility determination.Based on the improved theory of pure arousal,it emphasizes the existence of detrimental results and the relativity of illegality on the value level.Based on the insult of aggression against legal benefits,it also proposes independent judgment standards to restore the logic of accomplices and offenders.relationship.Through the analysis of the objective aspects of the instigating behavior and the harmful effects of instigating offenders,the causal relationship between them,the subjective limitation of the scope of probabilistic instigating education,and the analysis of requirements that are not forbidden in practice,determine the criminality of probable instigating offenders.responsibility.Finally,using the causality obscuration theory as a theory of accomplice disengagement,considering factors such as psychological causality,physical causality,and factual factors,it is possible to limit whether the risks not permitted by the law caused by instigating acts can include the risk of causing transgression.To judge the criminal liability of probable instigators in this way.The theory of causality complicity has practical significance in determining the criminal liability of probable instigators.When the traditional principle cannot solve the problem systematically,it focuses on analyzing the degree of relevance from the objective level.It is hoped that the problem of determining the criminal liability of probable instigators can be resolved in legislation and Provide assistance at the judicial level to strengthen the rule of law and legislative authority.