On The Punishment Scope And Definition Of Unaccomplished Crime

From the origin and its development process, we can see the concept of unaccomplished crime grows between the antinomy of the subjective and external theories from the date of its birth. And during the 200 years' fireworks, no matter how the two parts amend and improve on, it could not escape these two kinds of trend-subjective and impersonality. The theory about unaccomplished crime in our country, it's almost considered all with one voice in academe that the subjectivism and objectivism are both unilateral and unscientific. Only the crime structures, which are unified and amended by subjective and impersonality are the academic basis of unaccomplished crime. And the concerned problems of defining the unaccomplished crime might be deducted from it. For the first time, this point of view seems more complete and scientific. But, you might find that this is a kind of theory without any standpoint and unable to guide practice after deliberating carefully. Actually, subjectivism and objectivism are the expressional form of unified subjective and impersonality. They are unification by arguing. And under the special history condition, the form of unified subjective and impersonality must express as subjectivism and objectivism. Based on the above, this article discussed the range of punishment of unaccomplished crime, which seldom discussed in academe, defining problems of unaccomplished crime and accomplished crime, which are difficult to handle in the practice of judicial administration. The introduction summarizes the present researching situation of unaccomplished crime and the meaning of studying unaccomplished crime. Meanwhile, it illuminates the logic thought and writing method of the text. The text includes in four main parts:The first part is the summarization of unaccomplished crime. It sums up the history evolvement of the unaccomplished crime theory, the conception and the establishing conditions of it.The second part is the theory basis of unaccomplished crime and the foundation of punishment. Through the comparing of the theory at home and abroad, it puts forward that the theory basis of unaccomplished crime should be external one at this present in our country (It inclines to objectivism based on unified subjective and impersonality).The third part is the range of punishment for unaccomplished crime. It analyses the foundation of limiting the economic, the science of law and philosophy for unaccomplished crime. Linking with the useful experiences of legislation and theory at home and abroad, it brings forward the range of punishment for unaccomplished crime in our country. Besides the crimes law minute stipulared, only has the lowest legal punished is three years and above three years the set term of imprisonment directly intentionally the crime attempted shape, can punish by unaccomplished.The forth part is the definition of unaccomplished crime. In this part, it mainly analyses the definition of unaccomplished crime and accomplished crime. It indicates the distinguishing standard of unaccomplished rime and accomplished crime from the two layers of theory and practice. From the theory layer, the constitution important document theory has the rationality; from the practice layer, we need to unify the legislation goal limits constitution important document the essential factor.