Abstract：As to the relation between the perpetrator and the accomplice, we should maintain the theory of accessory from the perspective of the principle of legality. In China, the theory of accessory could only he deduced from the present Article 23. 1 and Article 29. 1. However, Article 29. 2 of Criminal Law factually reflects the independence of instigation. In interpreting this article，the versuchte Anstiftung and Anstiftung zum Versuch should be distinguished strictly. We also ought to interpret Article 29. 2 as an exception for independence of instigation. This kind of exception for independence is not a new kind of theory of duality from the perspective of law application and the standpoint of accessory, although there are similarities between the theory of duality and that of exception for independence. That is to say, both of the two theories interpret Article 29. 2 as an attempt, and could not resolve the imbalance of punishment in legislation.