Talk About A Crime To "Begin"

Crime's beginning is the penal code theory that has controversy rather problem, the judicatory practices medium affirm to the complicated case's beginnings the problem also is layer after layer. Begin to involve a crime to prepare and commit crime uncompleted distinction problem, is also measure proper defend whether well timed judgment basis, at the same time whether begin and begin the distinction of degree to also have great influence to measure Xing. This text hope carries on combing to the existing theory standpoint, science generalizes to initiatorily affirm standard, combining to inquire into further is familiar of and the beginning of special crime appearance affirms, solve judicatory to practice medium the concrete sentencing of case measure a Xing conflict.This text introduced to begin in the position in the our country penal code first and elaborated the our country penal code Dian and penal code theory field respectively among them for initiatory of reading and initiatory theory and fulfillment meaning; Secondly in drawing lessons from and fastening foundation concerning"begin"ing theory in the nation with the critique mainland method, generalize to affirm initiatory theory standard; Again and particularly explaining is initiatory of judicatory affirm, include alone crime with common crime, is a crime and isn't crime and difficulty problem concerning begin. At introduction alone crime with common crime of begin medium first from alone commit crime of execution behavior and common crime of the execution behavior commence, then go deep into analytical common each kind of common crime person in the crime-organization make, practice make, incite to make, help make of begin to affirm; At introduce and is a crime with is not criminally begin to affirm in, it isn't to criminally begin to affirm to particularly hold, one by one in order never Be of obligation source and is not of behavior structure to explain. At third part namely begin of in the difficulty problem, discussed to indirectly be making respectively, the unilateral help makes, beginning of reason free behavior etc. special crime appearance, Above concerning begin of affirm all with this text generalize of affirm initiatory of standard vein mutually accepts. Moreover, the writer is begun by Germany ex-move theory of inspire, begin to divide the line for can go against of begin and can not go against of begin and use this as a textual innovation point.