On The Commence Of Composite Structure Act

In today's criminal law theory and practice circles, the implementation of acts is a very intense debate issues; as for many theories of the act's starting has the significance, but there are shortcomings; the opinions of indirect perpetrator's, cause of liberty's and other special forms of crime's starting is divergence of everywhere. How to determine a unified set of Standards and used to solve the starting of the common forms of crime and indirect perpetrator, cause of liberty and other special forms of crime is already at home and abroad criminal law theorists urgently solved.In the common forms of crime, the subjective standard, the formation of objective standard, the real objective standard, and the compromise standard are reasonable. However, due to the current mainstream theory circles objectivist position and constituted elements of criminal law theory, we believe that the compromise standard containing the real objective standard, the formation of objective, and includes elements of intent is preferable view. Standing at the compromise standard, how to solve the starting of indirect perpetrator, cause of liberty and other complex forms of crime is becoming a problem.The article proposes "composite structural behavior" concept in an attempt to resolve an indirect perpetrator, because the free exercise of other complex forms of crime problems begin. Composite structure behavior is different from China's criminal law scholars have been the concept of composite behavior, which is below, we will be in detail. An element of composite structure behavior are by the way, as + does not constitute a crime as a special form. In determining whether the conduct in line with and to meet the constituent elements, the composite structure behavior is different from the general form of crime is that of Office: composite structure must have a + does not act as a dual structure can be found guilty of acts constituting elements, that is, only the in the implementation of the premise as behavior, but also the implementation of the criminal law as an act of non-theoretical, can be said to have begun to implement behavior. The reason for making the concept of composite structure behavior, because behavior of composite structures is not only the mainstream objectivism can be the result of no value to start putting into practice the theory found, but also an indirect perpetrator can be properly resolved because the issue of liberty in the start. Most importantly, will indirectly committing because of the free exercise to explain to as + does not act as a composite structure can be abandoned in the use of behavior, because behavior point of view of the evils sought to proceed, swing set theory in the clear perpetrator and cause of the free exercise of indirect occasion identification of embarrassment, thus the result worthless objectivist theory in set theory, carry out in the end.This paper is divided into four parts, namely, more than 38000 words. The first two parts of which describes the behavior of the general theory of composite structures can be regarded as remarks; after the two-part commentary and analysis of the indirect perpetrator, because of liberty and the set standard, can be regarded as sub-theory. Specifically:Partâ… ; this article puts forward the concept of two basement. First of all, leads to the concept of composite structure behavior, and with the traditional criminal law made a distinction between the composite behaviors. Secondly, the first arising from acts of omission committed impure acts of the composite structure, behavioral models that criminal law is the first act and the subsequent omission of a comprehensive evaluation. The question arises not as different from the traditional theory of "Generalization is not a" concept.Partâ…¡; focuses on the composite structure of the set standards of conduct. First of all, comment on the current criminal law to proceed with the academic standards of different points of view, on this basis are just being initiated to determine the general criteria: to constitute the elements of the intentionally carried out in line with conditions that constitute an infringement of legal interests and resulted in real danger of pressing behavior; Secondly, in the This general start we have made under the standard behavior of composite structures to proceed criteria: implementation of the first acts of the premise, based on a deliberate breach of the obligation to be implemented as an objective when the outside of the omission.Partâ…¢; the specific type of behavior as a composite structure of the set standards for the indirect perpetrator. In this section, the first brief look at the general theory of indirect perpetrator, and then reviewed the criminal law theory and practice circles on the indirect perpetrator to proceed to determine the various theories put forward indirectly committing the final act of the composite structure, and on this basis, making it explicit that proceed only in an indirect perpetrator's behavior after the implementation of the use of behavior to be used to seek views.Part IV; verify the cause of liberty is a composite structure type of behavior. Firstly, the article introduces the general theory of the cause of liberty, then premises the advantages and disadvantages of cause of liberty's starting standards .In affirming the cause of liberty is the type of behavior composite structures then premising of the results standard shows rationality .