Controversial Issues on the Theory of Joint Crime

Firstly, there are two doctrines on the single-way joint crime (positivism and negativism) in theory, among positivism; there are several different arguments, too. It is proper to adopt visible aid single-way joint crime argument. Secondly, there are also different opinions on the classification of joint crime, one is divided into organizer, committer, abider and instigator from division in joint crime, the other is divided into principle criminal, accomplice, and coerced criminal from function in joint crime. However, only instigator is written in criminal code in the first classification. Thirdly, there are different opinions on the double natures of instigator (positivism and negativism), it should be discussed within the stipulation of criminal law, hence instigator in China does have double natures (independent nature and dependent nature), and independent nature is the main nature. The article gives proper answers to arguments from negativism.