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, because judicial practice needs solid theory basis. So this article made a round and systematical discussion of it in three aspects: the definition, the standard of judgment and the special types of it.Part one: Firstly, introducing 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 .And got the conclusion that the definition of "act to execute a crime" is: with the will of executing a crime directly, the perpetrator begins to execute the act which breaks away from social suitability and causes common,abstract danger to the object which criminal law protected.Part two: Especially discussion of the standard of judgment to"act to execute a crime". On how to ensure the above definition, there are always the arguments in academia. Generally speaking, there are mainly subjective doctrine, objectivity doctrine and compromise doctrine. It can be said that at different times in different countries, the demonstrated antagonism between theories are different. The article firstly held a brief overview of the basic content of the three doctrines, so as to grasp wholly the current status of the theory. Secondly, analyze each of them.Part three: From the new understanding about the nature of crime, the author thinks that we should change our immutable sight on "act to execute a crime". So the standard of "act to execute a crime" should be :the time when the perpetrator begins to execute the act which breaks away from social suitability and causes common,abstract danger to the object which criminal law protected is to "act to execute a crime".Part four: Introduction of the special types of act period. This part mainly discussed segregating offense, omissions, causes freedoms, indirect perpetrator, co-perpetrator, double behavioral offense, and other special types of acts. For example, to segregate offense, the author considered that sending doctrine's act is considerable. Omission exists at the time when the duty appears.