On The Potentiality Of Offence-Commitment

The Theory of Potentiality of Offence-Commitment is the core of the Neo-Actor-Center Theory, which is based on the criticism on its old counterpart. The study of criminal law in our country has attaches much importance to the criminal acts while much less to the actor/actors. This article is dedicated to following four problems respectively falling in each chapter.In the first part , the concept The theory of Potentiality of Human Offence-Commitment is newly defined and interpreted as"the potentiality of offence commitment is that the possibility to commit offence, which is featured with the unity of subjectivity of predicting and objectivity of reality, the unity of stability and flexibility ,and of simplicity and multiplicity.In the second part, in light of the influence of the possibility to commit offence in trial, a new concept of criminal theory is posed, and it is put that a crime is a punishable act committed by a people with potentiality to exercise offence on the legal interests and relationships guaranteed, thus protected, by constitutional law, whereas criminal commitment was of the possibility to exercise offence, infringement upon legal interests and penalty deserving. Base on the theory of Potentiality of Human Offence-Commitment, duality of, subjectively and objectively, being crime, was thus presented herein.The third part concentrates on the effect the possibility to commit offence imposes on the principle and context of conviction.The last chapter is dedicated to analyzing the effect of the possibility to commit offence on the penalty execution and removal/exemption. It is put hereby that such offence-commitment-potentiality exerts its influence on the execution, and the removal/exemption as well, of criminal penalty.