| Cases of instigator withdrawing from the accomplice relationship often occur,but the common practice in China’s judicial practice is to first consider whether the act of the instigator meets the requirements for the establishment of the suspension of the crime.And if it does not,it will be treated as a crime.Then punish them lightly as appropriate.But this method of treatment is unfair to instigators who are trying to withdraw from the accomplice relationship.It not only violates the principle of balance of crime and punishment and the principle of restraint in criminal law,but also does not help encourage instigators to actively withdraw from the accomplice relationship and disintegrate accomplice organizations.Japan’s research on the theory of instigator’s disengagement started earlier.At present,there are more diverse standards for the identification of instigator’s disengagement.In recent years,although more and more scholars in China have mentioned the separation of instigators in the study of the theory of accomplices ’separation,few scholars have specifically analyzed the establishment requirements and legal responsibilities of instigators based on their own characteristics.In this context,the author tries to elicit the attitude of the current judicial practice in China to treat the instigator withdrawing from the accomplice relationship through two real cases,and proposes a series of problems caused by the case.Then,after introducing and commenting on the doctrine of separation of instigators from the theoretical circles of Sino-Japanese criminal law,by comparing the views of Japanese scholars and Chinese scholars on the issues related to separation of instigators,the author puts forward the objective,subjective,and punishment criteria for instigators who are required to establish separation.In the end,the author will conduct a detailed analysis of the two cases mentioned above according to the establishment requirements and legal responsibilities that the alleged instigator needs to withdraw from the accomplice relationship,hoping to provide some reference value for the judicial practice to introduce the theory of instigator’s detachment in the future. |
