论教唆未遂的成立范围——兼评我国刑法第29条第2款

On the Scope of the Attempt of Solicitation——Comment on China’s Criminal Law Article 29, paragraph 2

教唆犯是我国刑法规定的共同犯罪的一种,然而刑法对教唆犯在教唆未遂情况下的规定却不甚合理,由此造成了理论上的很大分歧。本文从理论上论证了被教唆者未实施被教唆之罪在法律上不应处罚的理由,在此基础上提出了完善我国刑法第29条的立法建议。

Abettor of China＇s criminal law as a common crime, but criminal law committed in the abetting attempted cireumstances it is not reasonable requirement, which resulted in large differences in theory.This article has been theoretically demonstrated that the implementation was not an instigator of the crime of abetting the law should not be grounds for punishment, in this based on the perfection of the criminal law article 29 legislative proposals.