Attempted Crime Fundamental Issues

Attempt of crime is a point of importance to research for the penology circle and there exist many different viewpoints at home and abroad. The paper sets forth the attempt of crime from three aspects.1. The concept and features of attempt of crimeThere are two viewpoints at home and abroad concerning the concept of attempt of crime. The first viewpoint is represented by France and the second viewpoint by Germany. Our country adopts the first viewpoint. The author considers the concept of attempt of crime specified in our criminal law is scientific. Namely, an attempt of crime refers to a case where an offender has already started to commit a crime but is prevented from completing it for reasons independent of his will.The author considers the attempt of crime have three features. Primarily, the crimes have been set about to carry out, which is the mark distinguished the attempt of crime from the preparation of a crime; Secondly, the crimes don't finished, which is the mark distinguished the attempt of crime from the accomplishment of a crime; Thirdly, the reasons that the crimes don't finished are independent of the wills of the offenders, which distinguishes the criminal attempt from the desistance of a crime. The comment and analysis for the above three features, is mainly carried out form two aspects. The first is the meanings of all the features and the second is how to recognize every feature in the specific practices.2. The category of attempt of crimeAccording to the theory of our crime law, the author considers attempt of crime has two categories. Namely, the classification between the completed attempt and the uncompleted attempt and the classification between the possible criminal attempt and the impossible attempt.On the completed attempt and the uncompleted attempt, there mainly are two questions to discuss. Firstly, what is the standard to decide whether the criminality has finished or not; Secondly, in the case of attempt of crime, the extent of injury for society generally is different concerning whether the behavior made an end or not. Onpossible criminal attempt and impossible criminal attempt, three aspects are discussed. Primarily, the category and name of possible criminal attempt; Secondly, the basis of bearing the criminal responsibility for impossible criminal attempt; Thirdly, whether the extent of injury is different between the impossible criminal attempt and superstitious offense.3. The basis and punishment principles of bearing criminal responsibility for the attempt of crimeFirstly, concerning the basis of bearing criminal responsibility for attempt of crime, the author considers the basis of bearing criminal responsibility for attempt of crime is the constitution of a crime. Secondly, the author discusses how to understand correlatively the punishment principles of attempt of crime specified by our crime law, which mainly is carried out from three aspects. Primarily, the conditions compared between the offender of an accomplished crime and offender of a criminal attempt are much the same; Secondly, what are the meanings of "being given a lighter punishment " and "being given a mitigated punishment"; Thirdly; how is the meaning of "can" understood.