The Discuss On Executive Act

The executive act is one of the important concepts in criminal law,but there are significant differences in understanding the concept. The executive act not only has an important status and role in the conviction and sentence and also differs from the non-perpetrating act and is the base of the individualized penalty.However, theoretical on the executive act fail to reach consensus. In this paper, based on the theory of criminal law in our country, draw lessons from foreign research results, emphasis on the executive act of conformity in both form and essence unifies the importance of risk, to enrich theory of criminal law to the executive act research and enhance the accuracy of identifying it in practice.The first part of this paper mainly discusses the concept of the executive act and characteristics. On the definition of the concept, through the understanding of the civil law system and criminal law in our country to implement behavior, standing in the unity of subjective and objective point of view, think the executive act is the organic unity in form and substance, conform to the crime basic constitutive requirements and legal interests violation behavior of the dangers of reality. To deduce the behavior of the specific provisions of criminal law stipulation, invasive of legal interest, important characteristic type, etc.The second part of this paper distinguishes the executive act form non-perpetrating act such as preparatory committing act,abrtting,helping act.The third part discusses the executive act of the start and end. Start is the beginning of the executive act, quilt is a direct violation behavior. Theories abroad on hands have subjectivism, objectivism and compromise theory, on the basis of foreign theories in China insist on the unity of subjective and objective point of view is presented. Concerning the end of the executive act is refers to completion of a criminal act. This paper analyzes the significance of study the executive actsi and the choice of our contry.The fourth part discusses the form of special behavior. In addition to the basic form of the executive act, there exist such as crime of omission, indirect principal offender, actio libera cousa,act.because the executive act of crime omission is the omission of constitutive requirements.Although not as a source of obligation committed much, but not that they do not fulfill their obligations in the legal sense does not constitute a criminal, not only as to the need for this kind of punishment is not a point of order to become committed to implement behavior. Indirect criminal is not personally commit the crime, they use the others as instruments of crime cases. Through the implementation of the executive act of indirect criminalComment begin exploring different theories derived indirect principal should proceed in the implementation of the behavior which is utilized.Free Cause refers to the act of intentionally or negligently ability to make ourselves into a state no obligation or ability to limit liability status, and in this state caused Elements outcome behavior. There are two reasons for the exercise behavior, namely the reasons set behavior and the behavior of the results caused by the behavior analysis and comparison of the two ultimate outcome behavior is caused by the reasons for the exercise of implementing acts, the results began to cause behavior is the cause of liberty to proceed.The fifth part discusses the status and role in the implementation of the concivition and sentencing of the executive act,analyzes the executive act of the implementation of the conviction and sentencing quasi It features benchmark functions.