Research On The Attempted Offense Of The Quantity Of Crime

From the beginning of the concept of the attempted offense presentby the Italian jurist,the research on the attempted offense is neverstopped.Especially Criminal law scholars continue arguing on the basisof criminal responsibility of attempted offense. Except the basis ofcriminal responsibility of attempted offense,the attempted offense of thequantity of crime problems is also very intricacy, but now no mattercriminal law scholars or group of judicial practice have made researchinto this matter and they all hold different views.The attempted offenseon the same kind of several crimes and the implicated offense isconfusion because of the lack of unity and convincing doctrine supportthe operation of the judicial practice,undermine the unity of justice andauthoritative.So as an entry point,this paper will analyze attempted offense on the same kind of several crimes and the implicated offense,inorder have beneficial in deal with issues related to judicial practice.The fist chapter of this paper attempts to discuss China’s attemptedoffense penalty theoretical basis and practical way.Accompanied byattempted offense theory of the growth,the most controversial issues isthe doctrine of objective dangerousness and the doctrine of subjectivedangerousness antagonism of the two theories,but the basis of bearingcriminal responsibility of attempted offense of our country is thesubjective and objective unity.This is due to the traditional Chinesetheory of criminal law that the essence of crime is the foundation andsoul of the constitution of crime,clarify the crime subjective andobjective elements of the crime constitutes is the concept of crime andconditions,they are both subjective and objective factors unified.Actionsare consistent with constitute a crime under the guidance of the conceptof crime,this is not only the unified the behavior of criminalresponsibility in criminal law, is also clearly the basis for criminalresponsibility.So insist on the subjective and objective unity as the basisof criminal responsibility of attempted offense,overcome objectiveattempted theory, the theory of subjective attempted and the compromiseattempted theory on each of the one-sidedness,laid the Chinese scienceof criminal responsibility and reasonable theoretical basis.The second chapter of this paper focuses on attempted offense of the same kind of several crimes.With several crimes including not onlythe general number of the same kind of sin,means people commit morecrime perpetrators from committing the same offense;also includecontinuous offense,means based on the same general dolus,continuousimplementation of a number of separate criminal acts,but committingthe same offense patterns of crime.Continuous offense as the kind ofthe same crimes,the difference of between the general same kind ofseveral crimes is subjective aspect.But they also have different penaltyrules,the continuous offense should not be concurrence,the generalsame kind of several crimes should be concurrence.Corresponding,indealing with its attempted situation,firstly looks at whether the criminallaw offense the same kind of several crimes that required.if there hascontinuous offense or the criminal law has already ruled treated in theone crime when there appears attempted situation should not beconcurrence.For the criminal law does not provide the same kind ofseveral crimes processing attempted situation, should considerconcurrence.This is following the principle of legality, achieve target ofcriminal law protection human rights function.The third chapter of this paper mainly discuss the attemptedsituation of implicated offense.First of all， the paper affirmedpunishment rules of implicated offense is a heavy punishment rules.Theattempted situation of implicated offense include two situations,this is inseparable to the important constituent features of implicatedoffense.Discuss the attempted situation of implicated offense is based ona heavy punishment rules.The implicated offense is substantial numberof crimes,but off at one crime,so its should be specific analysis theaccomplished and abortive state of crime on implicated offense,anddistinction between felony and misdemeanor,to make sure the convictedand punished issues of implicated offense.