Legislative Perfection Of Attempted Crime In Chinese Criminal Law

The attempted crime is a kind of special behavior state in intentional crime,which forms the four forms of intentional crime together with the preparation of the crime,the discontinuance of crime and the accomplishment of the crime.As far back as the middle ages,the concept of attempted crime was proposed by the jurists of Italy.The attempted crime legislation system occupies an important position in the domestic and foreign criminal law,the criminal law is an indispensable part of the legislation,but the legislation on attempted crime in the criminal law of our country exists ambiguous concept,define the scope of unknown multiple vulnerabilities.In order to in-depth analysis on China's legislation on attempted crime situation,the paper put China's crime theory system into extraterritorial comparative analysis,study the basic principle of the underlying and basic value,and through the analysis of China's legislation on attempted crime defects in the deep-seated reasons,try to rebuild our crime legislation and put forward to adapt to the reality of China's views and suggestions,in order to regulations on attempted crime in the criminal legislation of our country has been further improved.The full text of a total of about 35000 words,divided into five parts:The first part is the historical evolution about the attempted crime,proposed through the analysis of attempted crime system in different historical periods have changes,changes in development process of criminal law and criminal law principle embodied the essence behind the.The second part is about the theoretical basis for punishment of attempted crime,aims to introduce the comparison of domestic and foreign about the attempted crime punishment theory,put forward the theory of criminal law in China should insist on attempted crime attempted on objectivism.There are mainly three kinds of theories of extraterritorial punishment of criminal penalty: objectivism,subjectivism,attempted doctrine and eclecticism.However,the theory of punishment of criminal attempt in our country still belongs to the theory of constitutive elements of crime.Comparison within the domain,can be concluded that the theory of attempted crime in China should be punished according to the conversion,the doctrine of objectivism,which should by whether the violation of the interests protected by the criminal law to judge the crime attempted or not,and will not have any danger of impossibility in the criminal act to exclude besides,in order to define the range of punishment of attempted crime,the limits of judicial power,the protection of citizens' rights.The third part is the legislation of the crime of attempted crime and its harm.There are three main problems: first,the concept is vague;the other is the expression of the attempted act is too simple? There are three aspects of the harm caused by it,one is that there is no clear and reasonable distinction between the attempted crime and the impossibility of crime;the other is the violation of the principle of legal interest restriction;the three is that it is easy to lead to a purely subjective conviction.The fourth part is the analysis of the reasons for the legislation of the crime of attempted crime in our country.There are three reasons for the legislation of our country's criminal legislation.A conservative is subjectivism of criminal law;the two is the "four elements" of the old system constitute a crime;criminal law protection function of the old three.The fifth part is the perfection of the legislation of attempted crime in our country.Through the analysis of the former four parts,the author puts forward some suggestions on Amending the provisions of the criminal law in the current criminal law of our country.Suggestions include three aspects: first is to adopt the provisions of the criminal law provisions of unaccomplished crime total combined model;second is the twenty-third in the amended criminal law to distinguish the unaccomplished crime and not crime;third is to increase the punishment stipulated not superstitious offense.