A,on Study Of Punishment To The Unaccomplished

From the origin and its development process, we can see the concept of unaccomplished crime grown between the antinomy of the subjective and external theories from the date of its birth. During the 200 year's fireworks, no matter how the two parts amend and improve on, it could not escape these tow kinds of trend–subjective and impersonality. The theory about unaccomplished crime in our country, it's almost considered all with one voice in academe that the subjectivism and objectivism are both unilateral and unscientific. Only the crime structures, which are unified and amended by subjective and impersonality are the academic basis of unaccomplished crime. And the concerned problems of defining the unaccomplished crime might be deducted from it. For the first time, this point of view seems more complete and scientific. However, you might find that this is a kind of theory without any standpoint and unable to guide practice after deliberating carefully. Acturally, subjectivism and objectivism are the expressional form of unified subjective and impersonality. They are unification by arguing. And under the special history condition, the form of unified subjective and impersonality must express as subjectivism and objectivism. Based on the above, this article discussed the range of punishment of unaccomplished crime, which seldom discussed in academy. The introduction summarizes the present researching situation of unaccomplished crime and the basis of penalizing unaccomplished crime. Meanwhile, it illuminates the logic thought and writing method of the text. The text includes in four main parts:The first part is the summarization of the unaccomplished crime. It sums up the history evolvement of the uncompelled crime theory, the conception and the establishing conditions of it.The second part is the theory basis of unaccomplished crime and the foundation of punishment, through the comparing of the theory at home and abroad, it puts forward that the theory basis of unaccomplished crime should be external one at this present in our country( It inclines to objectivism based on unified subjective and impersonality).The third part about the perspective on the punishable justification of the unaccomplished crime. In this part, the author manages to answer what is the specific punishable justification of unaccomplished crime. First, the paper reviews the first punishable justification of unaccomplished crime, namely the principle of damage, and point out that it is not enough for us to regard this principle as the cause to punish the acts of unaccomplished crime. Second, on the foothold of development of modern society, we establish the punishable justification on unaccomplished crime that does not cause actual damage on the basis of the theory of danger. At last, we conclude that the danger of personality and the subjective guilty are the subjective punishable justification of unaccomplished crime as well as the core ones.The forth part is the range of punishment for unaccomplished crime, it analyses the foundation of limiting the economic, the science of law and philosophy for unaccomplished crime. Linking with the useful experiences of legislation and theory at home and abroad, it brings forward the range of punishment for unaccomplished crime in our country. Besides the crimes law minute stipulated, only has the lowest legal punished is three years and above three years the set term of imprisonment directly intentionally the crime attempted shape, can be punished by unaccomplished.