Study On The Concept Of Conduct Crime And Its Unfinished Form

The theory of conduct crime, originally derived from the classification of crimes in the civil law system, which classify the crime to conduct crime and result crime. With the civil law of our country's in-depth study and learning from, the theory of conduct crime is gradually being attention by more Scholars. However, the local resources of Chinese criminal law and the west theoretical framework of civil law have lots of differences. In the course of learning the west theory, we have had a lot of controversy.After in-depth contacts with different types of crime theory, beginning at the fundamental concept of conduct crime, discussing the monographs, articles and related discussion. Sum up the conduct crime for a reasonable definition and the concept. In the course of theoretical analysis and discussion, reflecting that divided the crime into two categories is reasonable and based this, talking about a little my own thinking. A brief discussion on the relationship of conduct crime and act crime, form crime, and risk crime. On the basis of that, divided the crime into conduct crime and result crime, we can then classify conduct crime to act crime, course crime and risk crime in accordance with the specific forms of different accomplished. And we can classify conduct crime to single and complex acts crime in accordance with the difference of the act was a single or not. And then choose the unfinished form which exist a lot of doubt in judicial practice to discuss deeply. Put forward the views which the judicial definition of unfinished form under the framework of criminal law theory now. Put forward the system of termination after accomplished and which scope of Specific application. In order to bring some consider useful thinking for Chinese criminal law and criminal justice practice.The full text is about 31,000 words, and divided into five sections.Section I: the concept of conduct crime in China. This part mainly discussed the concept which conduct crime contending in our country, compared the different angle understanding to the conduct crime, seeks for the better concept under the present criminal law system. Thinks the accomplished saying and he establishment saying that were better discrimination way. Although each theory has its own flaw and the superiority, under the balance, I uses the viewpoint which the accomplished saying and gave reasons. And take this as the basic point, thinks that result which discriminate conduct crime and perilous crime is finally refers to the harm behavior to cause the object through the physical effect to have the visible change result. Because it can be seen, traced, measured, therefore, it is called the visible result. Deny the abstract danger, result danger viewpoints and so on concept. Think the two are distinguished firstly on tangible results exist to the entire crime whether or not. The country no longer take into account the results of crime firstly in order to adapt to the judicial practice that it is difficult to find much substance of the evidence in the case. It can also try to avoid the results of disastrous consequences harm to the community. Otherwise, the entire theory of conduct crime would loss its significance of existence, and damaged to the theory of criminal law. Describe the need of distinguishing between conduct crime and result crime, conduct crime, and forms crime, and other related concepts conduct crime relationship. Come to conduct crime can be divided into complex conduct crime and single conduct crime, the risk crime is a concept under conduct crime, denied the necessary of form crime existence and lay a foundation to discuss of the unfinished form of conduct crime.Sections II: attempted and termination to complex conduct crime. Complex acts crime as part of the conduct crime, there are many features of its own, partly through simple case studies, from the origin to proceed on the first problem to solve, and then discusses the complex acts crime accomplished standards. To consider the protection of the object of the substantive crime has finished as standards. When there are both protected legal interest been violated, the object is essential to protect mark accomplished. Such as rape, the right of sexual freedom to women is its core legal interest, only the benefits of this interest have been infringed is finished before accomplished, only violence can not be accomplished. To solve the time and space conditions for attempted or termination of complex act crime, putting forward the views to attempt or termination of complex act crime. In addition to this form, complex acts crime can Consistent with the termination after accomplished in the fifth part.Sections III: attempted and termination of the risk crime. Risk crime was included in the scope of conduct crime have no loss of its original features, but these features of its own performance at the unfinished form will seriously affect the original theory of attempted and termination. On the one hand, put forward that, if the person give up the acts because of other reasons in the course of a person implement a behavior capable of causing dangerous, may be set up by the attempted in this situation. In addition to this the article, discussed that there exist another form of attempted in "not guilty". Think "not guilty" includes the other form of attempted. On the other hand, as the features of risk crime, risk crime can consistent with the system of termination after accomplished in the fifth part. Sections IV: Other unfinished form of conduct crime. This sections systematize the whole unfinished form theory of conduct crime on the basis of the difficult points which unfinished form of the complex act crime and risk crime were solved. Include: the preparation of conduct crime, the attempted and termination of act crime, the attempted and termination of course crime. In the part of preparation of conduct crime, it focuses on the difference between the preparation of conduct crime and scheme crime. Think that the scheme crime belongs to the scope of act crime. From a legal sense, the law gives a point chance only to the person, it is innocence or preparation before this point, but it is accomplished. Because of its features that belong to the scope of conduct crime, it can consistent with the system of termination after accomplished in the fifth part. Course crime is a part of conduct crime ordinarily, it has both the traditional attempted and termination form. And it can consistent with the system of termination after accomplished in the fifth part too.Sections V: The system of termination after accomplished. This part put forward a new system about termination according to the features which owns by all the conduct crime. There are no harm result ordinarily after a conduct or accomplished immediately. From the fact, the accomplished conduct brings a potential harm to legal relationship only, put the relationship into a determined status. As a result that the damage is serious if the potential harm do not be controlled. So the criminal law defines the accomplished form of conduct crime as finish all the conduct, rather than the damage appears. However, on criminal law theory, this time if this potential acts against people indulging in critical condition, then because of the harmful and serious acts and its subjective malignant, it is reasonable that defined it as accomplished form. But this time, if people take initiative conduct and completely eliminate of the potential violations or reduce it to the degree of that the society can tolerate it. The punishment is too heavy according to accomplished form. Therefore suggest that set up a new system of termination after accomplished, not only give people a clear legal definition, but also norms of our judicial team. The idea is to set up a new system to rationalize the special relationship systematically. And then discusses that the need for setting the system and applying conditions.