Study On The Standard Of Accomplished Crime Problems

An important theoretical problem in the field of criminal law as the standard of accomplishment of crime,it is still controversial,but also in practice because of the confusion in judging the standard of accomplishment makes some difficult crime appeared a lot of controversy,the impact on the credibility of the judiciary,these problems need to be studied from the fundamental theory of criminal law to solve.The first part of this paper from the basic concept of crime,from the perspective of linguistics accomplishment concept,and then discusses the crime concept of subjective and objective nature and the problems in the criminal law of the position of the problem.Through the analysis of the core concept of crime constitutes the crime theory,and is closely related to the accomplishment of a crime the concept of crime and unaccomplished crimes in comparative analysis,to clarify the status and role of crime in the criminal law in general.This article from the traditional crime classification methods,theoretical problems by comparing the traditional four point method in dealing with complex situations caused by crime,classification of crime should be the harm degree of the object,the difference of elements rather than the traditional theory.The second part is on the standard of accomplished crime theory were introduced and analyzed,based on the world's major countries of Germany,Japan,the United States and China's Taiwan area crime theory of horizontal and longitudinal comparative analysis to discuss the influence of the foreign theory caused by crime and our system,and the theory of cause "The climate does not suit one." in China the theoretical reason.This paper sorts out more than ten kinds of theories in the field oftheory in our country by the way of classification,which is divided into two parts: the pattern of crime constitution,the single element model,the classification and discussion mode.In the third part,from the theoretical difficulties and practical difficulties,from the legislative mode,logic,analysis of the existing theory on the standard of accomplished crime patterns as well as other differences in theory,and through the traditional method of four representative difficult crime: the unreasonable Judicial Dilemma,a crime of theft,fire,crime of inciting secession the crime to prove the elements that.The fourth part of this paper is to grasp the object of the crime of infringement damage through the essence of inquiry crime accomplishment standard standard analysis of the purpose of criminal law in our country,and put forward the new standard of accomplishment of crime: the object of the crime against said,as the standard of accomplishment of crime,must have stability in the criminal process,behavior changing,results in changing,"dangerous state" in these changes,in the criminal process are variable,the author thinks that the crime accomplishment standards shall be in the criminal process is the beginning of a fixed standard,is a reference,not as the crime process in advance and change,only this can be called a standard,only the object of the crime is stable in this process.Based on the status quo of China's legislation,it is conducive to reflect the criminal policy of our country,more conducive to the implementation of the purpose of criminal law,with the advantages of other theories can not be compared.