Study On The Standard Of Accomplished Crime

The standard of accomplished crime in our country has argument among the theories consist of the occurrence of criminal consequence, the realization of criminal intent and the constitution of crime elements all completed. The theory of the constitution of crime elements has obtained the chief position, but it has been questioned in recent years. These theories according to different basis, has their own rationality and disadvantages. The cause of the dispute is that the basic standpoints are different between different theories, so there are many circular arguments in the argument. As the archetype of the theory of the constitution of crime elements in our country, the criminal accomplishment theory of constitutive elements in German and Japan has relevant legal basis and theoretical foundations,which contain accomplished mode of the specific provisions of the criminal law and three-stage crime theory system. In our country, the constitution of crime and the accomplishment of crime are different levels of problems. The establishment of China's criminal accomplishment standards must be based on China's criminal law and theoretical basis, reasonably draw lessons from foreign experience. The essential difference between Criminal accomplishment and other unfinished crime is the degree of the objective harmfulness of behavior. Basing on the perspective of legislator, in the process of crime, the degree of the objective harmfulness of behavior is reflected in the extent which criminal object have been infringed.Criminal object refers to the legal interests that have been infringed and protected by criminal law. Research on the accomplished standard of crime in our country should be regard criminal object as the starting point, introducing the theory of legal interests to explain. Therefore, the essence of crime accomplishment should be that the legal interests actually been infringed or have real danger been infringed.The factual feature of the legal interests actually been infringed or have real danger is formal standard of the judgment of crime accomplishment, which need according to different types of crime to analyze specifically.