On The Crime Did Not Succeed

Crime did not succeed since1810has been prescribed in Penal Code in France, has lasted two centuries. Regulations of different countries, although have something in common, but there are also many differences. These differences are directly related to the definition of the crime did not succeed in all aspects. Cases in life are different. How to determine crime did not succeed? What is its standard of judgment? What the basis of this standard to establish? Is the established criterion applicable to? How to test the judgment standard? Based on these problems, this paper tries to find answers.In this paper, besides the introduction, the main text altogether has three parts.The first part, from the origin of crime did not succeed in Chinese characters to penal codes in different countries, the author tries to find out the meaning of the crime did not succeed. Crime is a process. The starting point of the crime process is preparation tools, manufacturing conditions, and the end is the emergence of real danger or harm fact. So before the end is crime did not succeed.The second part, behavioral offense, the aggravated consequential offence, the crime of amount is analyzed. Summarizes the cognizance standard of crime did not succeed from these types.The third part, with the theft as an example, to test the identification standard of the applicability of unfinished crime. Chose the theft, because it involves many complex situations, reflects the behavior of crime, the aggravated consequential offence, the crime of amount of the cross. Article264th of the criminal law of the crime of theft into ordinary theft and four non amount type theft, the repeated theft, burglary, theft carrying weapons and pick pocketing. Five cases of unfinished crime are not all the same.The deficiency of this paper lies in:the aggravated consequential offence itself is a very complex problem, many kinds of knowledge are needed to make an accurate answer, but the limited capacity of the author, the statement will exist certain defects. For the type of standard unfinished crime of whether the construction of every hue test can solve the case, still need to practice.