An Analysis Of The Attempted Form Of Illegal Cause Performance

Credit and debt relationship in illegal transactions or the fact that someone illegally gives property or benefits to others,is known as illegal cause performance.Illegal cause performance can reflect important theories and legal practices in embezzlement and fraud.This topic also involves the connection and boundaries between criminal law and civil law.Unfortunately,current discussion of the issue tends to focus on the relationship between criminal law and civil law while the analysis is mainly lim ited to criminal law in terms of protecting legal interest.As a result,the conclusion often turns out to be extreme and inconsistent.This paper will,based on theoretical explanations and case studies,demonstrate the appropriateness of the attempted form for illegal cause performance of the recipient.The first part discusses the legal interest of property crime.It is a prerequisite for attempted penalt ies to the behavior of the recipient.Only interests with clear economic value can be classif ied as properties,and therefore the legal interest of property crime can be protected.Although the recipient’s behavior in civil level may have lost the claim for returning property,the behavior could still have legal interest at the criminal law level.The second part discusses the relationship between legal interest and property loss of property crime.This part is key to this paper.Legal interest and property loss have different status on the normative level.While legal interest deals with whether a certain action is a crime and property loss is about how to process criminal behaviors.Unlike the protection of legal interests,property loss is a necessary element of an accomplished crime.According to the criteria of property loss,the recipient’s behaviors in illegal transactions will not bring loss to the payment side,but will pose risks to property with economic values.Therefore,the recipient’s behaviors should be considered as attempted crime based on the theory of behavior crimes.Finally,this paper will address special problems involved illegal transactions in the context of Chinese laws.Those problems include the payment for attempted penalties to aggravated crime of amount in illegal cause performance and the decriminalizat ion for illegal crime processing and other issues.