Study On The Completed Crime

The completed crime is congpleted status of derect intent crime. Only when we define the completed crime accurately and take it as a comparison,we can cognize correctly other incompleteted status of crime.Its defination,applicational range,connaizational standard,main types and so on,are bacic problems of theory on the completed crime.Traditional theory on these is inperfect and needs some inprovement.This dissertation consists of three parts, except for the“Introduction”and“Conclusions”, the main part is composed by five chapters:“Introduction”. This part introduces briefly the recerch motives,objectives and parameter of this thesis.Chapter one. Generality of completed crime.This Chapter consists of three sections .introduces the theory of the risk society which reveals the background of the theory of risk criminal law. After introducing the content, defects and advantages of the theory of risk society, this part argues that some new theories of criminal law should be put forward under the risk society, and these are the theory of safety criminal law and the theory of the risk criminal law. And then, this part explains the reason to abandon the former and to choose the later, and also generally states the definition, status and principles of the theory of the risk criminal law.Chapter two. connaizational standard. This Chapter sparticularly states the just reasons of the theory of the risk criminal law to exist. After hotly discussing whether the role of criminal law is to protect the legal interest or to obey the norm, this paper considers that the theory of violating legal interest, although having some defects, is still the essence of crime. In the perspectives of criminal law and criminal policy, this paper considers that the just reasons of the theory are the theory of conduct without value and positive general prevention.Chapter three. Applicational range of completed crime. This Chapter talks about the concept‘‘danger’’which is the key word of the theory of the risk criminal law. This part points out that the concept of danger has different meanings due to its different types. In criminal law, danger offence is the main carrier of criminal danger. The danger offence, which can be used as a broad sense or a narrow sense according to different classification, has its basic types which include the abstract danger offence and the concrete danger offence. The differences between these two types can be concluded from the essence and the appearance of danger. The fact that the attempt is absolutely belonged to the danger offence as a broad sense can exactly explain the reason to punish the attempt, while as to the question whether the attempt is the abstract danger offence or the concrete danger offence, it cannot be generally spoken without concrete context.Chapter four. Main types of completed crime. This Chapter discusses the issue of protecting legal interests ahead of harmful consequences. Danger offence, attempt, and preparatory offence are the traditional types of this trend, while abstract danger offence and negligent danger offence are the modern ones. Having introduced the legislations and practices of punishing environment crime, gene crime, information crime, traffic crime and harassment crime, this article affirms the justice of this trend. In addition, this part gives its opinions on how to determine the range of the theory and prevent the symbolization criminal law.Chapter five.Other problems about the copleted crime. This Chapter sparticularly states the just reasons of the theory of the risk criminal law to exist. After hotly discussing whether the role of criminal law is to protect the legal interest or to obey the norm, this paper considers that the theory of violating legal interest, although having some defects, is still the essence of crime. In the perspectives of criminal law and criminal policy, this paper considers that the just reasons of the theory are the theory of conduct without value and positive general prevention.“Conclusions”sums up the main idea of this dissertation.