| Instigation crime is a common joint crime in social life.Its subject mainly includes the instigator and the instigated(practitioner).In practice,there are often cognitive errors between them.At this time,it is necessary to make a concrete analysis of their responsibility determination.Scholars usually discuss the cognitive errors in abetting crime in the theory of accomplice and error.Generally speaking,the legal effects of cognitive errors are mainly manifested in whether or not the perpetrator bears legal responsibility and in what extent,or whether cognitive errors have occurred,and whether the subjective level can prevent criminal intent.In any case,under the premise of accomplice theory,discussing the cognitive error of abetting crime will inevitably face the problem that the legal effect of the abettor or abetted person(practitioner)producing cognitive error is limited to the parties,or will affect all the accomplices.In judicial practice,as a kind of joint crime,abetting crime is not uncommon,but this kind of crime has its own particularities.In practice,the instigator does not face the victim directly,but instructs the instigator to take action to help his criminal intention indirectly.Some criminal law experts believe that this is a process of prolonging the causal relationship.Therefore,in order to accurately measure the criminal responsibility of the relevant subjects,it is necessary to study the cognitive errors in abetting criminal activities.On the above issues,this paper is divided into five parts to discuss.The first part is the introduction,mainly through two specific cases in life,to lead to problems,and then explain the purpose of this study,literature review,research ideas and specific research methods;the second part briefly describes the characteristics and classification of cognitive errors in abetting crimes;the third and fourth parts classify and discuss from legal and factual cognitive errors respectively.The fifth part briefly elaborates on other cognitive errors involved in abetting crime.In a word,this article is based on the cognitive errors in abetting crime,discusses and analyses the relevant theories and possible situations,so as to have a clearer understanding of the criminal responsibility of the subject of the crime. |
