On Unit Attempted Crime

Unit attempted crime belongs to unit crime and criminal attempt at the same time. At present, people pay more attention to unit crime and criminal attempt in theory and practice. But they hold silent to unit attempted crime. However, unit attempted crime has enormous research value. So this dissertation mainly discusses unit attempted crime to make up the scarcity.Besides for foreword and conclusion, the dissertation includes four parts: Part one is on unit attempted crime's definition and constitution characters. The author considers that unit attempted crime is a kind of inchoate conformation and the unit has implemented criminality but failed beyond its will in direct intention crime. Based on the definition, we can conclude four characters on unit attempted crime: First, unit attempted crime only exists in direct intention crime; Second, the unit has implemented criminality; Third, the criminality is failed; Fourth, the failure is beyond the unit's will.Part two is on the existed ground of unit attempted crime. In the theory, we can find the ground from Marxism, the definition of crime in our criminal law and the theory on criminal constitution. In the law, we can find the ground from Charter and Criminal law and conclude that unit attempted crime is completely coincident with relative regulation.Part three is on the investigated duty of unit attempted crime. This part mainly discusses the range and principle of the investigated duty. Firstly, based on the society harm, to crime's characters, the investigated duty's range should exclude consequence crime which need harm result, plot crime and aggravating crime. To subject, the range should be strictly limited in the leader who has direct relation with unit attempted crime. Secondly, the principles mainly involve legal charge and punishment; investigating individual duty; charges applicable to punishment; restrain; combining punish unit crime and criminal attempt and so on.Part four is on perfect legislation of unit attempted crime. We discuss the ground of perfect legislation from necessity and possibility. And we advance some suggestions that involve remanding relative regulation to definite not only nature person can commit crime but also the unit can do; adopting legislation mode of the general and special provision of criminal law to definite the punishment range of unit attempted crime; setting up new penalties and reforming fines; designing the system of the unit probation.