Research On The Beginning Of Executive Act

"The beginning of executive act" is one of the core element of the concept of criminal attempt, in our country recognized set of standards relations with the limits of the criminal preparation and the criminal attempt, in some countries that are not prepared to punish the criminal preparation the standard relations with the boundary between committing crime or not. So, the identification of the beginning of executive act is related to the level of criminal responsibility. Doctors hotly debated on the beginning of executive act in civil law countries. There are three views including the subjective theory, the objective theory and the compromise theory. There are different views in every theory. Except the standard of the beginning of executive act need to be set, the standard of the beginning of executive act of some special type of crime also need to be discussed.Defining the scope of executive act must be in form and substance respect. In form respect, the criminal implemented the behavior which constituting the objective elements of crime providing by criminal law. In substance respect, the act which was implemented by the criminal must have real danger to damage legal interests. Comparing the Chinese and foreign criminal law by a variety of perspectives on the identification of the beginning of executive act, I think the identification of the beginning of executive act must be based on the objective theory, taking the subjective aspects of human behavior into account in the mean time. Under the control of the subjective criminal intent, executive act which damaging legal interests to cause some degrees of risk of crime results in line with the criminal intent is the beginning of crime.Based on the standard of the beginning of executive act by author, the standard of the beginning of some special crimes must be based on this standard and the standard should be different under special circumstances. The standard of the beginning of indirect criminal is determined by the used one in this kind of crime. While the criminal used the one to achieve complete control, the standard of the beginning of indirect criminal is determined by the behavior of the user. The standard of the beginning of Cause Free should adhere to the principles of behavior and responsibility co-existing, the implementation of act is the cause of act, so the beginning of executive act should be found in the cause of act. The criminal bears a particular obligation in a particular state and subjectively determines not to perform such specific obligations. Then his behavior produces real danger to damage legal interests and harmful results, it is standard of the beginning of crime without executive act.There are some difficult problems on how to identify the beginning of executive act in judicial practice. The standard of the beginning of crimes who planed to proceed without complicity must adhere to the principle of joint criminal investigation as a whole. As long as others in this crime have already started criminal behavior of the objective aspect of criminal elements, criminals who planed to proceed without complicity also have already started the crime. The size of their criminal responsibility is measured by the role of the conspirators in the crime. Framed abetting has meet the form and substance of the standard of starting crime from the beginning of abetting acts, with a social risk, the beginning of crime started from the beginning of abetting acts. There are two situations in identification of the beginning of criminals who organized the crime:while the labor of criminals who organized the crime and the guit has been divided, the starting of implementation of behavior of guit is the beginning of criminals who organized the crime. If a crime has been organizational behavior of criminal law be clearly defined as criminal, If the organizational behavior of a crime has been be clearly defined as criminal in criminal law, For example, Article 120 and Article 294 of the Criminal Code provides the organizing and leading terrorist crimes and leading Gangland crime, the starting of organizational behavior of the criminal is the beginning of this crime. In Chinese criminal law the beginning of crime of ringleaders in delicto is the time when ringleaders started the mob behavior. The ringleaders plan, organize and gather the others at the same time who are not given a specific hazard to participate in harmful behaviors. Because acts of mob behavior is the beginning of the implementation of behavior and the behavior is harmful to the society.