Research On Act To Execute A Crime

How to understand and identify concretely "act to execute a crime"? There are various points of view both in foreign and China's academia. The argument in theories truly carries out a difficult issue for the practical department to identify"act to execute a crime". It demands us to research it deeply, and this article made a round and systematical discussion of it in three parts: the definition, the standard of judgment and the special types of it.Chapter I: Firstly, introduction simply the origin and the developing process of the definition of"act to execute a crime". Secondly, coordinating how to definite it in different countries. In the author's opinion, these countries used the definition to describe the beginning of the crime. On this basis, giving the boundary of the definition, and understanding and grasping the characteristic of the definition from the subjective aspect and the objective aspect firstly. To act to execute a crime takes"execute a crime directly"as the aim in the subjective aspect, and begins to reflect sufficiently by objectively perpetrating. And beginning from the act which has the possibility of causing the happening of the harmful consequence and urged by the specific constitutive requirements objectively. The characteristic of"act to execute a crime"is the union of the subjective elements and the objective elements. Of course, it also includes the content of subjective intent and objective execution. Accordingly, I believe that with the will of executing a crime directly, the perpetrator begins to execute the act which has the possibility of causing the happening of the harmful consequences and ruled by the objective elements of the crime in sub-provision of the criminal law, this is called"act to execute a...