A Study On The Principle And Practice Of Punishable Attempted Offense

The general provisions of Chinese Criminal law regulate that attempted offense of all crimes is punishable while few is punished in the practice. To make clear of the puzzle, we base on the essence of crime, discussing the standard of complete offense. By distinguishing the punishable attempted offense and the unfinished action in fact, we make a conclusion on the punishable scope.This essay is allotted five charters.Charterâ… is about the basement of the problem --Why we punish the action without harmful result? To make out the reason, we study the origin of punishing attempted offense, also research the basis of the law, philosophy and economics. In order to clarify this issue, we should make clear definition of the standard of completion, the relationship among constitution of crimes, establishing of crimes, completing of crimes, attempt of crimes and impossible attempted offense. We also discuss the nature and quantity in sentencing crime, then we can determine that the establishment and the completion is not the same, the unfinished action should not to be the attempted offense all the time, the impossible attempted offense can't be punished for the lacking of potential damage. Only a few crimes' unaccomplished patterns are punishable.Charterâ…¡focuses on the problem in our country. Since the regulations about attempted offense in our criminal law conflicts with the practice, we should recognize that the universal punishment is not justice and disobeys the principal of criminal law. The methods to division the scope by differentiate felony and misdemeanor is not reasonable, for the basis of the differentiation is vanity. Based on that, we exclude the unpunishable attempted offense theoretically, and give a clearer standard of complete offense. After a series of research, we draw a conclusion that the unfinished action exists in all crimes, while few of that are punishable because of the quantitive element of crime. The later has the difference between the attempted and complete crime.Charterâ…¢has a study on the law practice of attempted offenses. As a prosecutor, the writer meets with a lot of problems about the attempted offenses, such as how to differentiate the suspensions of crime, the inchoation of joint crime, and so on. In this part we use a lot of cases to prove.Charterâ…£makes an existence scope by analyzing the specific provisions of criminal law. We sort the specific provisions as the danger V. harmful style, the preparation style, the only-action style, and so on. We sum up the act, danger, damage, amount and circumstance element's different meaning in the specific provisions, and get corresponding styles of crime. In accordance with the categories, we conclude that only the consequence-completed style and the act-amount style have the punishable attempted offense, while other styles have matter with to be a crime or not. We also discuss the aggravate crime constitution and the basic one.In the last part, we parse the crimes concretely; analyze each crime's possible attempted stage. According to the arrangement of the specific provisions, we get ten types of crime, and bring up every crime's unfinished stage is punishable or not. In this part we also illustrate some important crimes. We hope this essay will give the lawmaking reconstruction some help.