论教唆犯的性质-马克思主义基本原理专业论文.docxVIP

II II Abstract The nature of abettor is a major issue of abettor theory, different views may lead to different results as regard to all the other theoretical issues of abettor, which also determines the different attitudes identifying and treating the serial issues of abettor in practice. So far we have so many views in the theorists, such as subordination, independence, dualism, and so on. However, these perspectives exist different defects, which resulting in a series of confusion about the theoretical and practical issues of abettor. So it is necessary to deepen the study on the nature of abettor and give out a reasonable understanding. Constitutions of crime are the stereo type of crime. So the deconstruction of the constitutions of crime in abettor is the practical way to research nature of abettor. When we are analyzing constitutions of crime, the intent of crime should point to the intent of criminal consequence, rather than the intent of their criminal act. The consequence of crime is the sustainable result of criminal act. The act of abettor should be consistent with the act of accomplice. The object factor of accomplice is the applicable element in the procedure of abettor crime, so some factor of accomplice are the sane to the object factor in abettor. In other words, the constitution of abettor has departed from two ways, on the one hand, the constitution of abettor’ accomplice, on the other hand is the subjective factor of the man who is abetted. Meanwhile, the constitutions of abettor contain some elements of man who is abetted, so we can say the abettor has property of inclusiveness. This inclusiveness is defined by him or her intent whose act is related to the constitutions of crime. Beside all, on one is inclusive. Based on the inclusiveness of abettor, the theoretical issue such as: concept, basis of existence, basis of punishment and so on, will be explained reasonably, and the practical issues such as: the model of undone, identity, mistakes, unc