教唆犯独立性分析-刑法学专业论文.docxVIP

5 5 阶段的独立性的不同理解，最后结合笔者主张的“犯罪构成独立”、“处罚独立” 等观点来适用和处理司法实践中相关教唆犯问题。 总而言之，教唆行为性质的研究无论是对教唆犯理论本身的夯实和完善，还 是对其他刑法问题的运用和指导，都具有着非常重大的理论价值和实践意义。 关键词：教唆犯；独立性；从属性；二重性 PAGE PAGE 1 Abstract The phenomenon of common crime is always the hottest topic in criminal law, and crime of instigation arose a heat debate in the accomplice theory. In the present research situation of domestic and foreign criminal law theory, the theory of instigation independence property and the instigation subordination property mutually criticize and dispute to exist for a long time, and the heat argument resemble a raging fire. Although the popular theory double property of abettor point of intends to reconcile, but the reconciliation between the two opposite views only can last a short time but never make the dispute between the two groups come to end. The domestic scholars have pointed out that the property of the instigator is the primary problem that the abettor theory research must solve. Indeed, the definition of the property of instigator is the foundation and starting point of other abettor theory, so the correct comprehention and grasping the property of the abettor will do help to the study of criminal law further theory on the instigator of the completion of forms, the constitution of abetting crime and the basis of punishment,the status of abettor in criminal law and other theory. There is a famous saying that predecessors plant trees,descendants enjoy cool, criminal law thoughts of sages left after the immeasurable help and inspiration, the achievement of their research make the new generation of young scholars make research ideas and research methods of valuable, regardless of successful or not, I was standing on the shoulder of a large number . Whether it is a faction or the amendment for original views, on the describle of property of abettors point of view, all the scholars use those incisive views. The first part of this paper briefly introduces many property of abettor theory. The auth