Question

请哪位高人帮我翻译一下，谢谢

非共同犯罪教唆犯独立设罪研究
教唆犯理论是犯罪论及至整个刑法理论中研究最多却也争议最大的问题之一，也是司法实践中经常遇到并产生疑难和困惑的重要问题之一，对此许多学者提出的看法不尽相同，有的观点甚至尖锐对立。这种理论上的争议必然会导致司法实务中对教唆犯案件处理上的不统一，无疑会给法官判案带来困惑，这使得对教唆犯问题的解决成为急切且无法回避的重要现实问题。这其中对于我国《刑法》第29条第2款规定的理解，理论界一直存在争议，此款规定：“被教唆人没有犯被教唆的罪的，对于教唆犯，可以从轻或者减轻处罚。”笔者认为，目前传统的学说都不是特别完善。不仅如此，立法上也缺少科学性，造成了实践中很少见对缺少实行犯的教唆犯判处刑罚的案例。因此笔者认为对此方面相关的理论问题有必要进行进一步的研究。对第29条第2款的争议之源在于对教唆犯的性质问题在教唆犯理论中的争议尤为突出。要想准确确定教唆未遂状态下行为人的法律责任,首先应明确教唆犯的法律性质这一基础性问题，只有明确教唆犯及其未遂形态中行为人的法律性质，才能找到研究教唆犯问题的正确途径。而当前有关教唆犯性质的通说难以解决实行过限、说明犯罪构成要件、教唆多人、再教唆、无身份者教唆有身份者犯罪和教唆行为有益于教唆者或者被教唆者情形等问题。因此,应转换现今的研究思路,以共犯关系存在与否为标准,可以把教唆犯划分为共同犯罪教唆犯与非共同犯罪教唆犯,对于非共同犯罪教唆犯应该从常态的共犯教唆中独立出来单独设教唆罪。笔者从对非共同犯罪教唆犯的性质分析入手，通过对我国刑法第29条第2款的立法缺陷进行剖析，在借鉴国外立法例的基础上，提出立法建议，建议在刑法中设立教唆罪，在总则中明确对非共同犯罪教唆犯的可罚范围和处罚原则，在分则中明确其罪名和法定刑，以此丰富惩治教唆犯的刑事立法。最后笔者提出了唆罪的概念和构成要件，及其与相关罪名的区别。

关键词：共同犯罪 教唆 非共同犯罪教唆犯 教唆罪
请不要用翻译器，因为真的很不准确。希望懂法律英语的朋友帮帮忙，谢谢啦。

Answer 1

Non-independent set of common crime, instigator Offense
Abettor theory is addressed to the entire criminal law theory of crime studied up to it also one of the most contentious issues, but also frequently encountered in judicial practice and produce difficult and perplexing, one of the important issues, which many scholars have put forward different views Some points are far from sharp opposition. This doctrinal dispute will inevitably lead to the judicial practice of the instigator of the non-uniform treatment of cases, the judge will decide cases will undoubtedly cause confusion, which makes instigator solution to the problem as urgent and important practical problem can not be avoided. This is one for China's "Criminal Law" Article 29, paragraph 2, of the understanding of the theoretical circles there has been controversial, with this provision: "The person is not guilty of abetting the crime has been instigated for the instigator, can be lighter or mitigated punishment. "The writer believes that the current traditional doctrine are not particularly sound. Moreover, legislation is also a lack of scientific, resulting in the lack of practice, rarely implemented abettor committed sentencing case. Therefore, I believe that this aspect of the theoretical issues related to the need for further research. To article 29, paragraph 2, the source of the controversy lies in the nature of the problem abettor abettor theory, the dispute is particularly prominent. To determine precisely the state of the perpetrator attempted instigation of legal responsibility, first of all should be clear instigator of the legal nature of this fundamental issue, and only a clear attempt to shape the instigator and perpetrator of the legal nature of the study can be found guilty of abetting the problem the right way. However, the current nature of the instigator of the pass that difficult to implement than restrictions, indicating the elements that constitute a crime, aiding and abetting people, and then instigate, abet those who are undocumented status is conducive to acts of crime and abetting abettor abettor or is the case and other issues. Therefore, we should convert the present research ideas, as an accomplice in the relationship between the presence or absence as a standard, can be classified as a common criminal instigator instigator instigator of crime and non-shared, joint criminal instigator for non-normality should be independent of the accomplice abetting in Alone or abetting. Author from the non-co-instigator of the nature of the crime, analyzing, through China's Criminal Law Article 29, paragraph 2, the legislative analysis of defects, in the cases of reference to foreign legislation, based on the legislative proposals, the proposed establishment of abetting in criminal law, In a clear general principles of non-co-instigator of crime and punishment that can be the scope of the principle of punishment, in the sub clearly Legal Sentence of their charges and so as to enrich punish instigator of the criminal legislation. Finally I put forward the concept and abet the crime of constituent elements, and their differences with the relevant charges.

Key words: joint criminal abetting the crime of non-co-instigator abetting

Answer 2

Non-independent set of common crime, instigator Offense
Abettor theory is addressed to the entire criminal law theory of crime studied up to it also one of the most contentious issues, but also frequently encountered in judicial practice and produce difficult and perplexing, one of the important issues, which many scholars have put forward different views Some points are far from sharp opposition. This doctrinal dispute will inevitably lead to the judicial practice of the instigator of the non-uniform treatment of cases, the judge will decide cases will undoubtedly cause confusion, which makes instigator solution to the problem as urgent and important practical problem can not be avoided. This is one for China's "Criminal Law" Article 29, paragraph 2, of the understanding of the theoretical circles there has been controversial, with this provision: "The person is not guilty of abetting the crime has been instigated for the instigator, can be lighter or mitigated punishment. "The writer believes that the current traditional doctrine are not particularly sound. Moreover, legislation is also a lack of scientific, resulting in the lack of practice, rarely implemented abettor committed sentencing case. Therefore, I believe that this aspect of the theoretical issues related to the need for further research. To article 29, paragraph 2, the source of the controversy lies in the nature of the problem abettor abettor theory, the dispute is particularly prominent. To determine precisely the state of the perpetrator attempted instigation of legal responsibility, first of all should be clear instigator of the legal nature of this fundamental issue, and only a clear attempt to shape the instigator and perpetrator of the legal nature of the study can be found guilty of abetting the problem the right way. However, the current nature of the instigator of the pass that difficult to implement than restrictions, indicating the elements that constitute a crime, aiding and abetting people, and then instigate, abet those who are undocumented status is conducive to acts of crime and abetting abettor abettor or is the case and other issues. Therefore, we should convert the present research ideas, as an accomplice in the relationship between the presence or absence as a standard, can be classified as a common criminal instigator instigator instigator of crime and non-shared, joint criminal instigator for non-normality should be independent of the accomplice abetting in Alone or abetting. Author from the non-co-instigator of the nature of the crime, analyzing, through China's Criminal Law Article 29, paragraph 2, the legislative analysis of defects, in the cases of reference to foreign legislation, based on the legislative proposals, the proposed establishment of abetting in criminal law, In a clear general principles of non-co-instigator of crime and punishment that can be the scope of the principle of punishment, in the sub clearly Legal Sentence of their charges and so as to enrich punish instigator of the criminal legislation. Finally I put forward the concept and abet the crime of constituent elements, and their differences with the relevant charges.

Answer 3

Non-independent set of common crime, instigator Offense
Abettor theory is addressed to the entire criminal law theory of crime studied up to it also one of the most contentious issues, but also frequently encountered in judicial practice and produce difficult and perplexing, one of the important issues, which many scholars have put forward different views Some points are far from sharp opposition. This doctrinal dispute will inevitably lead to the judicial practice of the instigator of the non-uniform treatment of cases, the judge will decide cases will undoubtedly cause confusion, which makes instigator solution to the problem as urgent and important practical problem can not be avoided. This is one for China's "Criminal Law" Article 29, paragraph 2, of the understanding of the theoretical circles there has been controversial, with this provision: "The person is not guilty of abetting the crime has been instigated for the instigator, can be lighter or mitigated punishment. "The writer believes that the current traditional doctrine are not particularly sound. Moreover, legislation is also a lack of scientific, resulting in the lack of practice, rarely implemented abettor committed sentencing case. Therefore, I believe that this aspect of the theoretical issues related to the need for further research. To article 29, paragraph 2, the source of the controversy lies in the nature of the problem abettor abettor theory, the dispute is particularly prominent. To determine precisely the state of the perpetrator attempted instigation of legal responsibility, first of all should be clear instigator of the legal nature of this fundamental issue, and only a clear attempt to shape the instigator and perpetrator of the legal nature of the study can be found guilty of abetting the problem the right way. However, the current nature of the instigator of the pass that difficult to implement than restrictions, indicating the elements that constitute a crime, aiding and abetting people, and then instigate, abet those who are undocumented status is conducive to acts of crime and abetting abettor abettor or is the case and other issues. Therefore, we should convert the present research ideas, as an accomplice in the relationship between the presence or absence as a standard, can be classified as a common criminal instigator instigator instigator of crime and non-shared, joint criminal instigator for non-normality should be independent of the accomplice abetting in Alone or abetting. Author from the non-co-instigator of the nature of the crime, analyzing, through China's Criminal Law Article 29, paragraph 2, the legislative analysis of defects, in the cases of reference to foreign legislation, based on the legislative proposals, the proposed establishment of abetting in criminal law, In a clear general principles of non-co-instigator of crime and punishment that can be the scope of the principle of punishment, in the sub clearly Legal Sentence of their charges and so as to enrich punish instigator of the criminal legislation. Finally I put forward the concept and abet the crime of constituent elements, and their differences with the relevant charges.

Key words: joint criminal abetting the crime of non-co-instigator abetting

Answer 4

The common crime independent abetting sin
About abettor theory is crime in criminal law theory to study the most controversial but also is one of the biggest problems encountered in the judicial practice and complicated and confusing, it is one of the important problems of many scholars put forward different views and some views even sharp opposition. The theory of the dispute will lead to the judicial practice in case of abetting disunity will undoubtedly bring to the judge, that makes known to be eager to solve problems of the abettor and inevitable important realistic problems. This one for our country criminal law article 29 of the second paragraph of this article, the theoretical understanding has been controversial, this regulation: "who had committed instigated the instigated crime, the instigator may be given a lighter or mitigated punishment. The author thinks, at present the traditional theories are not perfect. Not only such, legislation, and lack of scientific practice for lack of practice is rare case of the given criminal punishment abettor. Therefore the author thinks that the theoretical issues related to further study is necessary. In paragraph 2 of article 29 of the dispute is the source of the problem of the nature of abetting the disputes in the abettor theory outstandingly. To accurately determine the attempted abetting state legal responsibility, should make clear above all the legal nature of the abettor a basic problems, only clearly differentiated.the abettor and actor in the legal nature of the study, we can find out the right way of problem abettor. But the general said the abettor properties of difficult to solve, constitutive requirements and instigated crime is that more and more instigate, no identity abet have identity abet behavior and to those who instigates or instigates situations. Therefore, we should convert current research ideas to accomplice relationship is a standard, can existence into the abettor instigators of common crime and joint crime, in the common crime abettor abettor from normal accomplice abetting should be independent abetting set separately. Based on the nature of the crime analysis, instigators of China's criminal law by paragraph 2 of article 29 of the legislative defect analysis, in foreign lawmaking example, on the basis of the proposed legislation suggestion, it is suggested that the criminal law in general, established in the instigated crime to clear the abettor can punish scope and principle, in part of its legal punishment, charges and rich punish the abettor criminal legislation. Finally the author puts forward the concept of sin and business, and its related elements of crimes.