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Reaearch On Act To Execute A Crime

Posted on:2017-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhengFull Text:PDF
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The reaearch on act to execute acrime can be divided into two issues in a unified field of vision for a coherent exposition. And the judgement of danger is to proceed further on the basis of a correct understanding on the act to execute acrime. The theory of act to execute acrime plays an important function in causality judgment, joint principal offender, attempted offense start defining and protection of human rights. Concepts of beginning of implementation, proceed to commit a crime, implementation, attempted offense start and harmful act are connected with each other but not the same,which require to be understood both from their form and essence to achieve a comprehensive understanding. Attempted offense expansion and danger judgment exhibit a subjective tendency worldwide.In modern times, Germany and Japan and other civil law countries and common law countries such as Britain and America have similar criminal legislation and theoretical ways of expansion of attempted offense as follows:on the one hand preparation of crime is included in attempted offense vision; on the other hand, part of the original impossibility of crime is punished as attempted offense.There exist several theories in the understanding and judgment of beginning of implementation such as subjective impression theory, objective theory, compromise theory.said different doctrines, Misunderstanding exists in the the content of different theories and their relationship. Analyzing the above theories,they are all in sufficient to a certain degree.Understanding of beginning of implementation should be proceeded in accordance with the compromise theory.That is, the behavior must be in compliance with the constituent elements of crime in the form,and leads to real danger to legal interests in essence. And then additional reference perpetrator overall criminal plan should be considered.Our legislation on the attempted offense is based on objective theory and also absorbs some objective criteria. There are some major theories in the judgement of specific danger of implementation,such as subjective theory, lacking fact theory, abstract danger theory, impression and planning theory, objective and specific danger theory. Whether taking the subjective theory or objective theory,there are no differents in the judgment conclusions,thus the two theories are all not worthy of recognition. Judgement of the danger of the implementation should be based on the specific danger theory and be improved by facts identified afterwards.
Keywords/Search Tags:Act to execute acrime, Perpetrating act, Attempted offense, Impossibility of Crime, Dangerous, Judgement
PDF Full Text Request
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