On The Punishment Of Criminal Attempt

Criminal attempt is a pattern of real action that the actor has to stop crime behavior for some reasons beyond his will at a time from the actor beginning to commit a crime to consequences of the crime being resulted. We shall judge whether criminal attempt is worth of penalty, and establishes attempted crime according to the standard of Elements of Crime, and taking into account General Provisions of the Criminal Code--especially transitional provision in the Article 13 of the Criminal Code, and Specific Provisions of the Criminal Code which regulates the protected legal interests, and quantitative factors for the establishment of criminal, and the magnitude of the severity of the penalty. Therefore, we can derive this conclusion: criminal attempt patterns exist all calculated crimes. Still not all criminal attempt patterns are worth of penalty, and establish attempted crime.The reasons why criminal attempt patterns are punished by the penalty are because the actor has strong subjective malice to implement crime, and the criminal behavior may lead to consequences of the crime evidently, violate the protected legal interests by Criminal Code. Punishment basis of criminal attempt should adhere to objectivism theory. In other words, external criminal behavior and the infringement of the legal interests are Punishment basis of criminal attempt. The basis of punishment of criminal attempt has a close relation with such factors as the nature and basic characteristics of crime which is to safeguard the citizens'basic rights and social benefits, the principle of Modesty, criminal policy of tempering justice with mercy, as well as value choice of social justice. For persisting objectivism theory, not can we wait that legislative regulate the culpable scope of criminal attempt which is a Long-term goal, but it's a rational choice that discussing it in consideration of Theoretical classification of crime. Criminal attempt should be limited to exist in direct intentional crime, Felony, consequent crime and tortuous crime.As a separate concept, legal impossibility means those behaviors without punishment distinguished from criminal attempt. The constitution of such attempted crime shall be adhere to the concrete dangerousness test, since judged by ongoing objective situation that the actor has cognizance of and that average person have do. The concrete dangerousness test can help us tight the punishment scope of criminal attempt within the criminal law values further, and clear punishment basis of criminal attempt.