On The Criminal Responsibility Investigation System Of Attempted Offenders In China

At present,in the field of criminal law crime in our country,the proportion of attempted crime is getting higher and higher.How to better investigate the criminal responsibility of attempted crime has become a problem faced by the judicial organs.The general provisions of criminal law of our country adopt the attitude of universal investigation of criminal responsibility for attempted criminals.In addition,there are no more provisions in the sub-provisions of criminal law,and there is a lack of specific provisions in judicial practice,so it is necessary to punish attempted criminals with the help of judicial interpretation.As a result,there is a contradiction between legislation and judicature in the practice of attempted crime punishment.In view of the problem of investigating the criminal responsibility of the attempted offender,this paper starts with the concept of the attempted offender in our country,and first introduces the criminal responsibility of the attempted offender.The theoretical basis and the legislative provisions at home and abroad,followed by the introduction of the relevant judicial interpretation of the punishment of attempted criminals in our country,through the way of statistical cases to explain that there are judicial issues such as judicial higher than legislation in investigating criminal responsibility of attempted criminals in our country.And analyzes the existence of punishment dilemma for attempted criminals,including the influence of the general provisions of criminal law on the open provisions of attempted punishment,the fact that criminal legislation does not meet the requirements of judicial practice and the conflict between criminal laws and the principle of modesty,and so on.Finally,on this basis,it is put forward that the criminal law should be investigated for criminal responsibility in the sub-provisions of the criminal law by amending the provisions of the general provisions of the criminal law,as well as the basic causes of the criminallaw.Then the policy runs through the legislation and judicial practice and other measures to improve the criminal responsibility system of attempted criminals in our country,in order to promote the unity of legislation and judicature!...