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目前,在我国刑法中规定的教唆犯性质属于一种广义教唆犯,这种性质具有两种变现形式,既是以狭义教唆犯以及以教唆的行为方式实施犯罪的间接教唆犯。狭义上的教唆犯就是人们通常所说的那种现实意义的教唆犯,但存在教唆行为的间接正犯同样也属于教唆行列。从目前各种司法解释上,我们可以从现行刑法第29条第2款中的规定中可以出,以教唆的行为方式实施间接正犯的正确法律依据。所以,正是依据如此,我们应当从立法的层面上,采取分立条文的规定形式规定狭义教唆犯与间接正犯的立法模式。本文通过对当前我国刑法中教唆犯的两种涵义解释与说明,进一步分析涵义解释要求,从而为立法层面的依据提供一系列的建议与参考。
At present, the nature of instigators stipulated in our criminal law belongs to a kind of generalized abettor. This kind of nature has two forms of realization, which are both indirect instigators who commit crimes according to the special abettors and abetting behaviors. The abettor in the narrow sense is what people usually call the kind of abettor of reality, but the indirect offender who has abetting behavior also belongs to the abetting class. From the current judicial interpretations, we can derive from the stipulations in paragraph 2 of Article 29 of the current Criminal Law and carry out the correct legal basis for indirect offenders by means of abetting acts. Therefore, it is based on this that we should, at the level of legislation, adopt the form of separate provisions that stipulate the legislative model of abettor and indirect criminals in the narrow sense. In this paper, we explain and explain the two meanings of abettors in our country’s criminal law, and further analyze the requirements of interpretation of meaning so as to provide a series of suggestions and references for the basis of legislation.