Legal analysis
First of all, for instigators, if they instigate others to commit crimes, they should be treated as * * * criminals. If they don't participate in the crime, but stay in the instigation stage, it depends on what role it plays in the whole crime process. If someone else has no intention of committing a crime, but instigates others to commit a crime intentionally and personally plans the whole action, then he plays the role of the principal offender. On the contrary, if his instigation only plays an auxiliary role, then he is an accessory. Secondly, for the instigator, his object is very important. If it is an adult over 18 years old, it is ok to be punished according to the above provisions. However, because minors are relatively immature, it is very easy to listen to the instigator at this time. If the instigator instigates minors, it is equivalent to using the weaknesses of minors to commit crimes. At this time, we will be severely punished. The subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has criminal responsibility ability can constitute it, but the unit cannot become the subject of this crime. If the staff of banks or other financial institutions collude with criminals who defraud loans and provide help to them, they should be punished as loan fraud.
legal ground
People's Republic of China (PRC) Law on the Prevention of Juvenile Delinquency
Article 10 No organization or individual may instigate, coerce or induce minors to commit bad behaviors or serious bad behaviors, and may not provide conditions for minors to commit the above behaviors.
Article 65 Whoever instigates, coerces or induces minors to commit bad behavior or serious bad behavior, which constitutes a violation of public security administration, shall be punished by the public security organ according to law.
Article 29 of the Criminal Law of People's Republic of China (PRC) instigates others to commit crimes, and shall be punished according to his role as an accomplice. Whoever instigates a person under the age of 18 to commit a crime shall be given a heavier punishment. If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment.