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A Study On Attempt In Crime Of Amount

Posted on:2009-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhangFull Text:PDF
GTID:2166360245990599Subject:Criminal Law
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At present, little attention is paid to the issue of attempt in crime of amount both in theory and practice. Most of the researches on the issue are focused on disputes over whether there is an attempt in crime of amount, so few comprehensive and systematic researches exist. However, Attempt in crime of amount has enormous research value. Since the research on attempt in crime of amount is a large project, the author of this thesis intends to discuss some important issues of attempt in crime of amount.Attempt in crime of amount is a halt situation, in which the actor directly and deliberately carries out behaviors that are in accordance with the components of crimes of amount, but does not complete it for some reason except the actor's will. there are four aspects of the constitutive characteristics of attempt in crime of amount. Firstly, the attempt in crime of amount only refers to the direct and deliberate actions. Secondly, the actor has begun carrying out the behavior in accordance with the constitutive components of crime of amount. Thirdly, the action does not succeed. Last but not least, the failure of the action is due to the reasons except the actor's will. Attempt in crime of amount can be divided into attempt in basic crime of amount and attempt in aggravated crime of amount, since crime of amount concludes basic crime of amount and aggravated crime of amount.There exists the theoretical basis of attempt in crime of amount. It is not only in line with the basic principles of Marxism, but also in accordance with the constitution theory of crime of China's criminal law. Moreover, it agrees with the principle that amount of crime is the foundation of conviction and sentencing in crime of amount. It is also significant for controlling and preventing crimes. There also exist the legal basis-the constitutional law and the criminal law -of attempt in crime of amount .The cognizance standards of attempt in crime of amount is the integration of subjectivity and objectivity, which is, the concrete cognizance of attempt in crime of amount is the comprehensive cognizance of both subjective amount and objective amount, which are not identical in practical situation, by the adoption of the principle of the integration of subjectivity and objectivity. We give respective illustrations of the concrete cognizance of attempt in basic crime of amount and attempt in aggravated crime of amount. On the one hand, we should enhance the comprehension of endangered amount and actual harming amount in order to judge the crime and its incompleteness. On the other hand, the cognizance of attempt in aggravated crime of amount should be separated into two aspects. One is to judge whether the crime agrees with the component of aggravated amount of aggravated crime of amount. The other is the component of aggravated amount and the construction of the crime should be investigated as a unit.The penalty of attempt in basic crime of amount can be guided by the standard statutory sentence of basic crime of amount in the criminal law with certain extenuation with consideration to sentencing circumstances. The penalty of attempt in aggravated crime of amount can be guided by the standard statutory sentence of aggravated crime of amount in the criminal law with certain extenuation with consideration to sentencing circumstances accordingly.
Keywords/Search Tags:Attempt in crime of amount, Existence basis, Cognizance, Punishment
PDF Full Text Request
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