Plot Guilty

Circumstance crimes is the unique one kind of criminal type in our country criminal law, it violates, the dangerous commit, the result with the behavior to violate and so on criminal type compound, stipulated in our country criminal law in the crime holds the very great proportion. Facing this kind of reality, we believed that violates the comprehensive system thorough research regarding plot, not only lies in its significant theory significance and the important judicial practice value, the establishment which even to face two reality- which violates is truly the legislator to the reality attention and we to the circumstance violates massive circumstance existence reality the attention. Therefore, this article violates some questions which on the circumstance in the theory exists to carry on the discussion, simultaneously also pays attention to the legislation which and the judicature the circumstance violates is suitable the question, violates the theory by the time to the circumstance the development and the judicial practice can have a benefit. The article divided five parts the related question which violated to the circumstance to carry on the discussion, the actual content was as follows:The first part, is the outline which the related circumstance. Actually do we study the circumstance to clarify anything are the circumstance. Therefore, the first part weight small part: First, elaborated that anything is the circumstance, regarding this, the educational world has the different view, we enumerate 7 quite typical viewpoints, carries on the analysis separately, obtains the quite scientific related plot finally the concept. In our country criminal law's circumstance, is refers to the criminal activity legal rule or from the criminal policy angle considered that to determines guilt, the discretion of punishment or executes produces affects and reflects the behavior the social hazardous nature and author's person risk and the weight degree each kind of subjective and objective fact situation. Next, is the outline part which the related plot violates. And also separately introduced the circumstance concept, characteristic and classification. The so-called circumstance commit, is refers to our country criminal law minute explicitly to stipulate that is serious, "the circumstance by the circumstance to be bad',"creates the serious results" and so on recognizes the crime accomplished offense condition as the crime tenable circumstance request or by this achievement the criminal type. The circumstances the characteristic includes: the circumstance legal, the circumstance in our country widely exists, the circumstance has many kinds of type manifestations, the circumstance actual content has the comprehensive nature, the circumstances in our country criminal law the indication has the fuzziness, the concise quality. We believed that violates the classification which to the plot the comparison may take to include: divides into the basic plot commit, the plot to add the felon, the plot to reduce violates adds the felon again with the circumstance; May also divide into the concrete plot to violate, the abstract plot to violate with the mix circumstance.The second part, is the article key point. Is mainly the theory which violates to the related plot carries on the reconsideration. Mainly elaborated three theory questions: First is the circumstance violates the nature to be how correct limits, in the educational world has the intense argument to this question. The author thought that the plot violates "the plot" is a crime constitution important document part, belongs to "the open constitution important document". Especially determines guilt the plot is the criminal law standard to this kind of crime some, on the one hand or several aspect's delinquent account summarizes and the science highly is abstract, as for its actual content, must act according to the reality the case, other constitution important document which the union was already clear, can perform to determine. Next, is the related plot violates the stop shape the research, is mainly discusses the plot to violate the accomplished offense shape the standard question and the plot violates whether to have the attempted shape. Through elaborates us to think that should by the crime constitution important document say prepared violates the accomplished offense as the plot the standard, moreover the plot commit is existence attempted shape condition. Although the plot violates the attempted shape is the existence, but does not mean all plots violate the attempted shape has may punish the nature, should unify the type which the plot violates to make the concrete study. At the same time, how can regard the plot to violate the attempted punishment the standard? We believed that the circumstance with other type crime is the same, should also say prepared take the crime constitution important document as the standard. The plot violates establishment, must have all crime constitution important document, but "the circumstance is serious" or "the circumstance is bad" takes a constitution important document, its having is the plot violates the establishment the prerequisite condition, but "the circumstance is serious" or "the circumstance is bad" is a comprehensive important document, and contained each kind to be possible to decompose the essential factor which went in the middle of other each constitution important document, the circumstance violated "the circumstance to be serious" or "the circumstance is bad" is not some fixed essential factor, the existence "the circumstance was serious" or "the circumstance was bad" contains some essential factor which has, but this crime's other important documents do not have situation, this time, even if achieved "the circumstance to be serious" or "the circumstance is bad", similarly because of this crime's constitution important document unprepared, but could not recognize for the accomplished offense. Finally, is elaborated the plot violates with criminal law 13th "the proviso" the suitable question, the 13th "proviso" in fact instructs the plot to violate in the judicial practice being suitable, and the legislation which violates to the plot has had the positive influence.The third part, what elaborates is the criminal policy and the circumstance. First, carries on the simple outline to the criminal policy: The criminal policy's concept and the content, the criminal policy is the country and the society meets the method based on the crime situation to the criminality and the perpetrator using the penalty and many to realize the penalty and the prevention of crime plan effectively by the time. Punishes spaciously with unifies, wide strict with unifies is our country basic criminal activity policy. The chief culprit must manage, excuses coerced followers; confesses leniently, the resistance severely; renders meritorious service lessens one's guilt, sets up the great merit to receive a reward is our country criminal activity policy content. Then, the discussion criminal activity policy violates legislative in four aspects to circumstance the influence: the circumstance manifested the present our country wide strict with unifies criminal policy, the legislative objective which the plot violated has conformed to our country basic criminal activity policy on the determining guilt differential treatment principle, the plot commit had reflected the criminal policy open characteristic, the plot commit met the criminal policy flexible essential requirements. Finally, is divides three parts to explain that the criminal policy to the plot violates, in the judicature is suitable in active the guiding sense.The question which about the plot the fourth part, is violates the legislation which reconsiders and consummates. First, explained the plot violates legislative value what: it has solved between the penal code stability and the social development contradiction, both followed legislator's legal rules principle and to entrust with the judicature certain extent freedom to decide after deliberation the power. Next, explained that the plot violates many disappointment which in the legislation exists: the circumstance is serious" the meaning is not explicit causes the crime not to be explicit with the non-crime's boundary, circumstance crimes is not very explicit, the plot violates some to have unfairness in the disposition. Finally, how to further consummate the legislative question which the plot violates.The fifth part, mainly elaborates the plot to violate the flaw which and the consummation the judicature is suitable exists. And divides two parts to carry on theory. First, elaborated the plot violates, in the judicature is suitable three questions which exists: firstly, violates "the circumstance" to the plot the explanation content capriciousness; secondly, violates it to the plot "the circumstance" the explanation main body multiplication; finally the phenomenon which abuses "the circumstance to be serious" the request is punished to be very serious. At the same time, our country present crime mechanism is impeded, also intensified right "the circumstance is serious" abusiveness. Then, proposed in view of the existence question carries on the consummation the opinion: firstly, the standard is right "the circumstance is serious" the explanation work, the category which the limit explained that strengthens the legislative explanation the work; next, attenuates the judicial interpretation to place on trial the case to judge the adverse effect; finally, the judicature should change the law enforcement idea which recognized to the circumstance crimes.