On Commence Of Perpetrating Act

Commence of perpetrating act has played a crucial role in identifying the form of attempted crime, of which the concept is hard to clear, identifying commence of perpetrating act is also complex,therefore modern criminal law has payed more attention to it.It's also the important question that is discussed and debated in criminal attempt, but there is no certain conclusion.however, it is always called for accurately time in judicial practice.For its important position in criminal theory, so the paper wants to study and explore on it.There are five sections in this article except introduction and conclusion:Section one:Types of theories about commence of perpetrating act, including the controversy between continental lagal system and Anglo-American law system, introduces objective theory,subjective theory and compromise theory,then reviews and analysis the theories in Japan and Germany. The objective theory is divided into two parts, the formal one and the essential one.For the differences inside.the formal one is divided into two parts,the strict formal one and the expanding formal one, and the essential one has two section,one is action theory,the other is reslut theory. Subject theory is also divided two parts,the new one and the old one, and compromise theory appears differently because of different systems in countries. In Anglo-American law system, it makes a distinction between objective theory and subjective theory.The subjective theory consists of certain guilty mind theory and fist act theory.The objective theory consists of final act theory, approaching danger theory and substantial steps theory and so on.Section two:Precedent of commence of perpetrating act, introduces the precedent of commence of perpetrating act of crime in the supreme court in Japan and Germany. Then introduces the theory in the different periods of China.Section three:View and criticism of criminal traditional theory in China. Introduces three types of theories, formal objective theory,essential objective theory and compromise theory, and cites many viewpoints of professors, who are for different theories.By analysising and compareing different points, proposes my own viewpoint.Section four:Judgements of some kind of special type,analysises some types of crime theories,then proposes my own viewpoint.Section five:Judgements of some kind of specific crime.analysises the commence of perpetrating act of the taxi robbery, pilferage, drunk driving, then proposes my own viewpoint.