Thesis On The Legal Defects And Suggestions Of Punishment Scope For Attempt Offense Of Our Country

The unfinished form of crime is an important sector in criminal law theory,including: preparation for a crime, attempted crime and discontinuation of crime.Attempted crime is the important part in the unfinished form of crime, the importance ofwhich is self-evident. This article takes an punishment range of legislation as the researchobject, which can be divided into five parts:The first part represents the general principles of the attempted offense and itspunishment scope: introduce on the concept of an offender, analyze on the basis ofpunish for the attempt offense and the introduce on the concept of punishment scope andresearch significance of attempt offense.The second part is on the investigate of the legislative mode on punishment scopefor extraterritorial attempt offense, focusing on United States, Hong Kong, Japan,Germany and Russia. Based on the investigation to the extraterritorial area, there is someenlightenment to be used for reference in our country: the instance of legislation"comprehensive model" is more scientific than other legislative instance; In the generalprinciples, make a difference between felony and misdemeanor attempted; In the specificprovisions of crimes special the cases of punish attempted need to be punished.The third part is analyzing our country legislation pattern. Our country choose"generalization doctrine mode" in criminal law for punishment scope and legislativemodel. Only summarizes the punishment for attempted offense in general principlesand no mention in the specific provisions. There are mainly three reasons for the chooseof "generalization doctrine mode": first, the transplantation of criminal law theory andsystem from the former Soviet union after the founding of new China; Second, relativelylacking of theoretical research; Third, the lack of judicial practice experiences. The fourth part is to analyze the defects of our country’s legislation mode. There arefollowing defects in our country legislation: no distinguish on felony and misdemeanoroffense in general principles, no distinguish on felony and misdemeanor and no specialprovisions on the minors and the elderly; no regulations on specific charges in thespecific provisions.The fifth part is the suggestions on perfecting our legislation. Through the analysis,here comes to the below conclusions increased in general principles: the highest legalpunishment for3years and for misdemeanor crime shall be sentenced to fixed-termimprisonment of not more than3years, the rest of felony","doctrine of felony attemptedoffense will be punished, a misdemeanor is generally not punished, unless there arespecific provisions of regulations" and "minor and reached75old people under the ageof attempted crime can be exempted from punishment, except if the circumstances areespecially serious". In the specific provisions, under the condition of the crime, add"so-and-so failed, can be punished" after the attempted misdemeanor need to bepunished.