教唆犯的未遂问题研究-刑法学专业论文.docxVIP

当把这种情况也按照教唆犯的未遂进行处理。由于其原因的特殊性，我们认为应当作为教唆犯未遂的例外处理。 当把这种情况也按照教唆犯的未遂进行处理。由于其原因的特殊性，我们认为应 当作为教唆犯未遂的例外处理。 第四部分：教唆犯未遂的刑法后果。此部分主要从两个方面来论述的，一是 教唆犯未遂的定罪问题，在教唆犯未遂的罪名表述上应当以被教唆者所实施的犯 罪为标准。二是教唆犯未遂的处罚问题。在对各国对教唆犯未遂的立法例进行归 纳和分析的基础上，对我国现有的隐含式立法的缺陷进行了分析，并提出了修改 建议。 关键词：教唆犯、教唆犯的未遂、存在范围 AbstractInstigator Abstract Instigator is one form of criIIle stipulated by criminal law of PRC．Comparing with the other forms of crime,it has its own specialty and complexity in the theory of joint crime．The specialty of instigator is that not only he produces criminal intentioll， but also he produces criminal．That is，he takes advantage ofothers to achieve its own purpose of crime．The eomplexity of instigator is that it has varies of types which different with each other．Due to those characteristics，the instigator becomes one of the most disputed theories injoint crime,even be called‘the death area’．The issue of attempted clime of instigator which refers to the csscnce ofjoint crinle and the theory of attempted crime is full of disputation from the constitution to the punishment，thus it becomes the most disputed among those questions．The disputation in theory filed perplexes thejudicial field，SO it is necessary to make it clear to help solve this issue． This dissertation is divided into four parts． Part one：the foundation of attempted crime of instigator．By analyzing the different kinds ofunderstanding about the very theory,the author points out that the main problem is that there is no unification opinion about the position ofinstigator in joint crime theory,and the key point is that there still has opposite opinion about the relationship between instigator and perpetrator．Comparing with different kinds of theories,the author agrees wim the theory ofsubordination ofaccomplices． Part two：the constitution of attempted crjme of instigator．In the prerequisite of the theory of subordination of accomplices，the author analyzes the constitution of attempted crime of instigator in four aspects：first,the instiga