Study On Commence Of Perpetrating Act In Our Country

The modern criminal law theory will commence of perpetrating act into the specific elements of attempted crime, preparatory crime and attempted offense as the distinction between reference implementation that criminal acts, once the beginning that, the crime has not only remained in the preparing stage, but to really carry out stage. After the commence of perpetrating act, if for reasons other than the will of the people and the failure to complete the behavior crime, out of preparatory crime, attempted crime constitutes a crime; if the act has been carried out smoothly, until the completion of the crime, then no doubt will constitute a crime accomplished offense. But for the identification standard of conduct set Public opinions are divergent. Domestic and foreign criminal law theory. This requires the existing theory we begin to implement behavior are systematically at the same time, further study. This paper is mainly analyzed, and the analysis of the special form of identification, the commence of perpetrating act of domestic and foreign theories theory from practice discussion.This paper is divided into three parts except the introduction and conclusion:The first part:analysis of the basic theory of the commence of perpetrating act of. The first part of the concept of practice is defined, that not only should stick to my Ancient Chinese Literature Search circles form standpoint said, should also satisfy the essential elements of reality urgency infringement of the legal interest in criminal law; and on this basis, put forward the concept of the commence of perpetrating act, introduced French, German, Japan for the to regulations and legislation; finally the author is a function of criminal responsibility, starting from the practice, practice to pre behavior should be punished, deepened the understanding of significance for implementing the provisions, and for China to implement the principles of behavior before embarking on the preparatory behavior on the penalty of criticism.The second part:the theory and the analysis of the commence of perpetrating act. The first part introduces the related theory of continental law system and Anglo American law system, in view of the fact that I Ancient Chinese Literature Search circles say and continental legal theory has many similarities, the civil law theory as the theoretical premise of our understanding of criminal theory, discusses in detail. Then introduced the actual objective our theory of objective and non-say, and in the discussion on the two doctrines, put forward the proposition:learn the reasonable form of objective and actual objective said, substantial removal of extreme form and extreme, divided into two forms and the essence of the cognizance proceed with the implementation of behavior. If the behavior does not accord with the first level, it is not necessary to further determine the second level; but when it meets the first level, must carry on second levels of judgment.The third part:act to special form in the determination of. Mainly introduces the indirect principal offender, not as a crime, complicity reason free behavior, the common principal offender, compound behavior crime five kind of special shape to identify, discussed their internal their theory, and the two form and substance is to determine the level of. For example, that the indirect principal has endorsed by behavior to the behavior, the two level and from the identified set of analysis and judgment. That is the form has been part of the implementation of the specific provisions of criminal law criminal elements or elements, essentially have the commence of perpetrating act against the law required dangerous reality, urgency.