Study On The Punishment Scope For Attempted Crime In Our Country

Attempt to commit a criminal has already begun to refer to the crime, but because of their will to succeed without outside behavior. China’s criminal law provides for penalties in the range of General attempted to commit, but in moderation principle of legality, the concept of crime, " proviso" well hidden so can not make provisions, penalties range of attempted offense is extremely vague. Meanwhile, due to the general provisions in the legislation provisions are a generalized type of legislation, rather attempted offense is a more typical open Elements, which "resulted in judicial practice range penalty for attempted offense is difficult to have a clear criterion. Because of this, the punishment for attempted offense ranging study of the criminal law has become an important topic. This paper clarifies two law by committing attempted similarities and differences between the national legislation of its causes, and its focus on openness narrows analysis attempted to commit mode structure, thereby grasp attempted to commit penalties range between the general provisions of the Criminal Law of the uncoordinated and criminal law penalties for a range of crimes relationship between changes in General about the attempted offense. Finally, the range of penalties committed attempted to generalize and make some legislative proposals, with a view to promoting the development of China’s attempted offense penalty system and improvement.