教唆犯是一种惹起他人犯意的不完整犯罪,其处罚根据是认为两个人共同实施犯罪要比一个人单独或者两个人各自实施同样犯罪更具危险。构成教唆犯须具备三个要素。教唆对象要求至少必须有是非(违法)辨识能力,以区别于间接正犯,但不一定要求具有刑事责任能力。教唆行为以传达到被教唆者使其萌生犯罪决意为必要,手段、方法无限制。成立教唆犯还必须具有教唆故意。至于教唆故意内容,则因对共犯性质的理解不同而有差异,这也决定了对教唆未遂和未遂教唆是否可罚的不同处理。成立教唆中止,须教唆犯切断其教唆行为与正犯之实行之间的“物理性因果力”和“心理性因果力”。 Instigators are an incomplete crime that provokes others to commit crimes. The penalty is based on the belief that it is more dangerous for two people to commit the crime than one or both individuals to commit the same crime. Constructing an abettor must have three elements. Instigators should at least have the right to wrong (illegitimate) identification ability to distinguish themselves from indirect offenders, but not necessarily require criminal responsibility. Instigation should be communicated to the abettor for initiation of criminal acts as necessary, with limited means and methods. The establishment of abettors must also be intentional. As for intentional abetting, there are differences due to the different understanding of the nature of the accomplice, which also determines the different treatment of the possibility of abetting and attempted abetment. The establishment of abetting abortion, abettors should be cut off between their abetting behavior and the implementation of the principal “physical causal force” and “psychological causal force.”