Research On "the Unfinished Crime", In Criminal Law

On unfininshed crime and finds the meaning of standards, There are three kinds of academic theories in China’s Criminal Law:First, Results occurrence-offense did not produce the results required by law crimes, but whether there should be consequences of the crime is a crime for an accomplished and attempted to distinguish the main criteria; Second, Criminal intent to achieve that-in order to distinguish between criminal purposes, whether the crime as the main criteria for both the attempted "offenses do not succeed" refers to the perpetrator’s criminal purpose of the subjective not reached, that is, criminal acts of crime were sought through the implementation of the results did not occur;Third, Constitutive requirement all possessed-in order to complete a specific criminal offense is constituted as a symbol to distinguish all the elements of a crime not only attempted,"not succeed" refers to the act to initiate the implementation of behave or did not complete their criminal acts intended to achieve a specific crime constituted all the elements. The enactment of legislation in foreign countries,although there is no "did not succeed" in this reference, but the attempted criteriafor judging also found guilty of "criminal unfinished","The results did not happen","Elements of inadequate" and so different consciousness,In my opinion, to determine whether crimes succeed, should be based on whether all the criminal elements is attempted.It is reasonable because it can be applied to all the kinds of unfinished crimes,without exception.resultant crime,behavioral crime and perilous crime all can be contained.some people think the theory is not reasonable because it mix the standard of esxistence and the standard of accomplishment up.At the same time,they think there is a intextricable contradiction between the theory and the13rd article in the Criminal Law.But I tihink it is that the flaw of the expression brings the misunderstand.So,I think it can be espressd the elements of the conponet come out in all."not succeed"is refers to the elements of the conponet did not come out in all. Such expression is reasonable and will not bring the misunderstangd any more.there are also a number of contentious issues, such as aggravatedcircumstances are guilty and not guilty of the existence of crime, to succeed, theamount of criminals did not succeed to determine standards, and not as guilty anddid not succeed in relationships. In my opinion:First, the plot crime was not committed to succeed there is no problem.But the commit aggravated crime was committed to succdeed. Second, theamount of offenders should be treated differently, the results will be divided into the amount of the amount and behavior of offenders guilty of two categories:theamount of the statutory elements as a result of quantitative criteria that constitute acrime committed amount, or the results of the amount of non-existent crime wasnot committed to succeed; to the amount of the statutory elements of a criminal actconstituted the amount of quantitative criteria have committed, then there isusually an attempt to commit the crime, an accomplished and points. Third, it is not a crime, is divided into pure and impure, as guilty of omission committed twocategories, the former and the latter crime were not there to succeed, they are still whether thelegal interest shall be caused by violations of the standard for judging. In addition,the discussion is not a crime, did not succeed in defining whether the acts of "start"is particularly critical. If the perpetrator was aware of their own duties andobligations and to fulfill a specific, as intentionally do not perform, so that Francebegan to benefit at risk state, should be taken not to proceed as a crime.