两岸四地教唆犯立法比较研究

共同犯罪是犯罪论中的一个重要问题,现实中共同犯罪又因其多发性和严重的社会危害性而成为刑法打击的重点,教唆犯作为挑起他人犯罪意图的特殊犯罪人类型,其在共同犯罪中的地位和处罚原则更是受到各国刑法的普遍关注。“一国两制”下我国两岸四地的相关刑事立法,因法律渊源的不同而各有特色,其中对教唆犯的规定也是各不相同。本文拟从法律传统和实定法的角度分析四地对教唆犯的规定,并结合各地学术界观点对教唆犯的犯罪构成进行比较,试图分析各种立法例的异同以及优劣。一家之言,还望学界同仁指正。

Comparative Research in Legislation of Instigator of Mainland China and Other Parts of China

Joint offense is one key problem in criminology and in reality it is also the focus of combating because of its high frequency and severe social harmfulness.As a special criminal type which provokes others' intention of criminal offense,the status of instigator in joint offense and its punishment principle are given wide attention by the criminal law of many countries.With the policy of "one nation,two systems",the relative legislation in mainland China and other parts of China has its own characteristics respectively for the difference of law history.The stipulations concerning instigator are different,too.This paper tries to analyze the stipulations concerning instigator of different parts of China from the aspects of law tradition and existing law.Combining with the different views of academic circles the constitutions of the crime of instigators are compared and the similarities and differences as well as the good and bad aspects are analyzed.