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On The Act To Execute A Crime

Posted on:2012-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:L LaiFull Text:PDF
GTID:2246330374496413Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The typical features of act to execute a crime is entering to execute phase across the crime in preparation, which is the beginning of realistic pressing dangerous to law benefits protected by Criminal Law. It is crime in preparation later (not including preparation itself), but before crime accomplishment with the beginning of the perpetrating act. The significance lies in distinguishing the differences between crime or not, between this crime or others and between punishment or not.There’re three theories in judging the act to execute a crime in the Civil Law:the subjective thoery,the objective thoery and the eclectic thoery.However,there’re three thoeries which include the crime corroborately thoery, completation nearly thoery and the substantial steps thoery in the Anglo-American Law system.This article analyzes and critisizes those standpoints and points out the existing problems respectively. On this basis, this article which aiming at the perpetrating act is about to the concept of subjective and objective unifies thoroughly discusses our general view of act to execute a crime, in order to offer better service for criminal judicial practice by comparing the general view with other two ungeneral views.In the process of transforming the general view, it is necessary to clear the basic problems of the cognizance about the act to execute a crime and also correctly grasp the double attributes of the act above,at the same time, firmly implement the principle of legality, the principle of unifying the subjective and objective and the principle of austerity in Criminal Law. On this basis of clarifying the necessity and feasibility of transforming the general view,this article puts the comprehensive thoery which regards the general view as a benchmark,while treats the rational core essence in objective thoery that includes realistic pressing and dangerous violations to the legal interests as a supplement. In other words, this thoery bases on the implementation of specific crime behavior in Criminal Law,and violation or not to the interests pressively which is protected by Criminal Law.On the basis of insisting on the comprehensive thoery, this article analyzes and also critisizes three special acts to execute a crime which includes Indirect principal offender. Actio libera in cause and Omission offense.It is also claim respectively that it should be suitable for use the used behavior viewpoint, the results behavior viewpoint and the legal interests infringed realistic dangers viewpoint to recognize these acts.
Keywords/Search Tags:Perpetrating act, Act to execute a crime, Indirect principal offender, Actio libera in cause, Omission offense
PDF Full Text Request
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