A Study Of The Incompletely Two-conduct Crime

As a kind of purpose-crime,the shortened two-act crime is different from other purpose-crime because of its special structure.Although the shortened two ACTS are not much in the criminal law theory of the world,they play an important role in the criminal law.In recent decades,scholars of criminal law in China have done some in-depth research on the intentional crime,but comparatively speaking,the research on the shortened two-act crime is relatively scattered.However,the shortened crime of two ACTS plays an important role in the constitution of crime and the identification of each crime.Therefore,it is necessary to conduct a series of systematic research on the problems related to the shortened second act crime.It can not only perfect our criminal law theory and criminal legislation,but also be more helpful to guide judicial practice.This article first chapter study of shortening behavior makes the concept,characteristics and classification of,and according to the concept of the essence of crime correctly,bribery crime belongs to the shortening of the behavior type definition,while academic circles of shortening ii behavior made classification standard is different,but no substantial differences,shortening of two behavioral offence refers to the implementation of the second act for the purpose,but only the first behavior,behavior is a component of the second behavior is not the behavior of constitutive requirements of crime.In addition,it makes clear that the unit can be the criminal subject of the shortened two-act crime.The second chapter studies the constitution of the shortened second act crime,that is,the purpose of the shortened second act crime and the theoretical problems involved in the behavior are discussed.This paper focuses on the research that the essence of the purpose of the shortened second act crime belongs to the specific purpose of the crime rather than the motive of the crime,and discusses that the specific purpose of the shortened second act crime is different from the will factor in the intentional crime,and it is the element of the subjective constitution that is juxtaposed with the intention.It is made clear that the theory of "complete constitutive elements of crime" is the criterion to identify the accomplishment and attempt of the shortened two-act crime,that is,whether the purpose of the shortened two-act crime is realized or not,neither affects the establishment of the crime nor the determination of the accomplishment of the crime.The third chapter takes the legal and non-legal crimes of two short ACTS--the most controversial and typical crime of kidnapping and the crime of forgery,alteration of financial instruments and other crimes as examples to identify the short two ACTS of crime,and puts forward a universal method of identification.Taking the crime of defrauding exit documents as an example,this paper analyzes the form of accomplice of the shortened second act crime.Thus,it is concluded that if a person without a specific purpose and a person with a specific purpose jointly carry out the first act in the shortened second act,or if a subsequent actor participates in the execution of the second act,it is necessary to judge whether an accomplice is established under different circumstances according to the provisions of the criminal law and the principle of part of the joint crime.When the actor carries out the second act as the purpose,the number of crimes should be distinguished according to different situations.