Study On The Standard Of Commence Of Perpetrating Act

The twenty third clause of the criminal law of our country is stipulated that after the commence of perpetrating act,if for reasons beyond the will of the people and failure to complete is regarded as at tempted crime.This clause thinks that commence is the core element of attempted crime.the standard of the commence is value for us to research.The first chapter research the concept of perpetrating act as a starting point,and study the relation between perpetrating act and commence.This text article etc insist that commence is the original of the perpetrating act,and the commence of perpetrating act should regard as the doer begin to put into practice which is stipulated as the basis of the constitution of each crime in the criminal code.there are man y theories to affirm commence.In the civil law system countries,there are the subjective theory、the objective theory and the eclecticism theory.The subjective theory insist commence should be confirm when the act can reflect the purpose of the doer,this theory put the purpose of the doer in the most important are a,that is difficult to control in practice.on the contrary,objective theory to identify theory starting from the angle of behavior can be divided into objective theory of form and objective theory of substance.The former advocates that the actor begins to carry out a part of the behavior that conforms to the constitutive elements, then is the time to start.But this theory did not explain what is the act that conforms to t he constitutive elements?The latter advocates that the behavior person begins to carry out the actual risk of committing crime is to begin,And because the difference between the behavior and the result is the substance of the behavior and the result of the substance.But in fact, it is against the requirement of a legally prescribed punishment for a specified crime.And The judgment of danger is also difficult to get clear.The eclecticism theory Combining subjective and objective behavior,But its essence is still a continuation of the objective theory,and have the same problem with objective theory.Although there is no concept of commence in the Anglo American legal system,there also have discussion about the degree of attempted crime in cases.there are "Close to completion" standard, "Clear act" standard and "Substantive steps" standard,but the standards are consi stent with the standards proposed by the countries of the continental law syst em.In our country, we begin to identify the m ain subjective and objective unity theory and the urgent danger theory,The former combined with the subjective and objective elements of the c omprehensive judgment,but have no c lear standard,The latter is the same as the objective theory.The second chapter of this article has absorbed the merit of each theory,and we insist that commence should be met “restriction on the form characteristic of const itutive elements of crime”,more serious social harmfulness,the doer has the beginning of the implementation of the subjective meaning and behavioral targeting.The author puts forward the object directed behavior theory.behavior refers to the perpetrating act,object refers to the object of the crime,directed refers to the objective behavior of the direct state.This standard is in accordance with the law of the unity of subjective and objective requirements, with formal elements and substantive elements coexistence conditions.At the same time,this thesis insist that as the object of the crime in the criminal legislation of criminal object and criminal justice theory can not be confused,and all crimes should have the object of crime.The third chapter of this article put the object directed behavior theory used in the case.There are behavior object is human,behavior object is the object matter and so-called crime without object.Through the case can be drawn that all crimes have the object of crime,and when the specific behavior began to target the behavior of the object of crime is the time that the doer have commenced.