Attempted Crime In Indirectly Intentional Crime

Attempted crime in indirectly intentional crime has not been recognized as a criminal on theory for a long time. But in recent years, with deepening exchanges on criminal law and updating the legal thoughts, there have been many scholars with proposed opposition.After analyzing China theory for attempted crime in indirectly intentional crimes, this paper analyzes and compares the typically representative theories and judicial practices on attempted crime in indirectly intentional crime on different jurisdictions, and combines some theories in China, finally confirms that the attempted crime exists in the indirectly intentional crime and proposes corresponding established reasons, and defines the "attempted crime" again, making it more perfect. In judicial practice, based on the complete theory of knowledge, this paper analyzes the possible fields of attempted crime in indirectly intentional crime by listing charges.This paper is divided into six parts:Part Ⅰ:the value of attempted crime in indirectly intentional crime. Theory on attempted crime in indirectly intentional crime can promote the study on indirect intention and attempted crime; in judicial practice, it can effectively fight against crime, protect the legal interests, and improve the general precaution and special precaution.Part Ⅱ:general view on attempted crime in indirectly intentional crime. Three main negated reasons on attempted crime in indirectly intentional crime in domestic academic circles:there is no criminal purpose in "Allow" as volition of indirect intention; we presumed the psychological state of the indirectly intentional crime through the criminal result; in judicial practice, attempted crime in indirectly intentional crime may break "modesty principle"of the criminal law.Part Ⅲ:the typical theories and practices on attempted crime in indirectly intentional crime in different jurisdictions. By contrasting with theories and practices in Taiwan of China, Germany, Italy, Korea the United States, the former Soviet Union and other jurisdictions, it analyzes the theoretical value in these jurisdictions, and provide reference for the existing of attempted crime in indirectly intentional crime.Part Ⅳ:the reasons on establishment of attempted crime in indirectly intentional crime. The reasons include:"decision of behaviour " rather than "ambiguous" in the indirect intention; subjective states of indirect intention is objective. The punishment on attempted crime in indirectly intentional crime is based on the compromised theory of attempted crime; the set up of attempted crime in indirectly intentional crimes will not break "modesty principle"of the criminal law.Part Ⅴ:amendment to the attempted crime. Elaborate the traditional definition of "attempted",and according to the problems,it modifies its definition and uses"decision of behaviour" instead of "criminal purpose" to form a new "attempted" definition.Part Ⅵ:reconstruction of the rules on attempted crime in indirectly intentional crime in China’s judicial practice. According to theory amendment and summary above, it modifies rules of the judicial practice in attempted crime in indirectly intentional crimes, and focuses on "attempted crime in indirectly intentional crimes when commit a crime " and "attempted crime in indirectly intentional crimes when commit offences and non-criminal acts", as well as discusses the concurrence of sentences and issues that may arise.