Analysis Of The Punishability Of Unaccomplished Crime

It is a long-standing and controversial field in the theory of criminal law.Since the German criminal law scholars have proposed the concept of Unaccomplished Crime,criminal law scholars have paid due attention to this problem.Such as concept,characteristics,distinction,the standard,the necessity,the basis of punishment,the scope of punishment and other areas there are different views and many disputes,and even can be said to be tit for tat.There are different views in the theory of the Unaccomplished Crime in the Civil Law and Anglo-American Legal System,and even within the Civil Law System,there are different ideas,which shows that countries can not commit attempts on the issue.There is a lot of controversy here,but also shows the necessity of analysising this Problem,analysising various views,establishing a reasonable proposition.According to the theory of traditional criminal law in China,there is no concept that can not be divided into Attempted crime,and classified as Possibility Crime and Unaccomplished Crime.Some scholars have criticized this view,think that this distinction is not necessary,we should introduce the theory that foreign countries afford,and give up the theory that our country hold.Some scholars believe that the theory of our country is more reasonable,can effectively solve the problems in practice,and the theory of foreign countries is unscientific,there is no need to introduce such unscientific theory.This article details the development,the concept,the characteristic,the distinction,the basis of the punishment,the judgment of the danger,the overview and analysis of various dangerous doctrines.The author points out that the theory of Unaccomplished Crime in China is right,and draws lessons from the reasonable situation that foreign countries' theory,and attempt to make reasonable suggestions for the perfect path of Unaccomplished Crime theory.The first chapter of this paper mainly expounds the basic situation of the theory of Unaccomplished Crime.First of all,it briefly introduces several controversial cases in practice,and draws out several controversial points of view on the problem and introducea the theory of Unaccomplished Crime in our country as well as foreign countries,clarifies the features of the theory of Unaccomplished Crime.Among them,there are disputes about the determination of "starting",the determination of "not succeed",the type and degree of "reasons beyond will",and so on.This article will analyze various opinions and draw reasonable suggestions.The second chapter attempts to make the basic definition,Unrealized crime,Superstitious behavior,and clarifies the Unaccomplished Crime elements.And the focus is the distinction between the two,and this is where the theory is complex.All kinds of theories on the judgment of danger is numerous,the focus of this paper is to judge risk theory,describes and analyzes the theory,and combines with a variety of cases to promote more in-depth analysis,and strive to grasp the essence of the theory,clarify its advantages and disadvantages in.The third chapter mainly discusses the penalty basis of Unaccomplished Crime.The Unaccomplished Crime is first of all a Attempted Crime,and secondly,it is impossible to reach the accomplished degree of a crime,and elaborates the basis of the punishment,the theory of our country should be affirmed,but there are also some shortcomings,and should improve penalty model of the attempted crime,and establishes the attempted crime penalty model of general provisions and specific provisions expressly listed,and promote the theory of Unaccomplished Crime in our country perfect.