论文部分内容阅读
我国《刑法》第29条规定:教唆他人犯罪的,应当按照他在共同犯罪中所起的作用处罚。教唆不满十八周岁的人犯罪的,应当从重处罚。如果被教唆的人没有犯被教唆的罪,对于教唆犯,可以从轻或者减轻处罚。①其突出特点是本人不亲自实施犯罪,而是故意唆使他人产生犯罪意图、决定实施犯罪。在我国,教唆犯的性质为从属性与独立性相结合的二重性,但是根据我国刑法及相关理论可推知,我国现行刑法所规定的教唆犯性质在本质上是与大陆法系各国的从属性说一脉相承的,即根据我国刑法立法例可以认为我国坚持教唆犯的从属性质,而教唆犯的处罚亦属于处罚独立原则。
Article 29 of China’s Criminal Law stipulates that abetting others to commit a crime shall be punished according to his role in the joint crime. Instigating anyone under the age of 18 to commit a crime shall be punished severely. If an abettor is not guilty of being abetted, the abettor may be given a lighter or mitigated punishment. ① Its salient features are that I do not personally commit a crime, but rather intentionally instigate others to have a criminal intent and decide to commit the crime. In our country, the nature of abettors is the duality of combination of subordination and independence. However, according to the criminal law and related theories in our country, it can be inferred that the nature of instigators stipulated in current criminal law of our country is essentially different from the subordination of countries in civil law system The same strain, that is, according to the legislation of criminal law in our country, we can hold that our country insists on the subordinate nature of the abettor, and the abettor’s punishment also belongs to the principle of punishment independence.