The Identification Of Starting To Commit Crime

The standards of starting to commit crime can not solute the identification of problem of starting to commit crime whether abroad or in our country in theoretical circles, so it requires in-depth research with the identification of the criminal standard. In view of this, the author put "On the identification of criminal proceed standards" as the subject for research. And put the "new theory" as a starting point, introduce a new standard, and put the new standards into the applied to specific types of crime. Article is divided into four chapters.Part I: Theory of criminal law at home and abroad about the crime that the standard to proceed. Section I is the introduction and assessment of the standard of starting to commit of criminal law civil law country. Separately introduce the subjective, objective, a compromise, and analysis of the above-mentioned theory. Section II, introduce and assess "with the object of the crime, the object of crime, crime a result, the time and place of crime and other crimes to establish that the general standard to proceed", "should be of the opinion that the real benefits from the Act that the crime against the position of the start", "Chinese criminal law theory about the pass proceed to say" of our country.Part II: The new standard of starting to commit. Section I is about "the simply introduction of new behavior theory ". In this paper, a new theory referred to the concept of the act which Professor Chen Zhonglin means to redefine. The conduct of criminal law is the control or should control of the objective conditions by the people, the role of specific people or things in the status of the process exist. First of all, the act should be the person acts, the ability to recognize and control of the people is the foundation of the nature acts and the premise .Through the use of ability to recognize and control, actors change the existence of the object status, and to determine the nature of the act. Secondly, the conduct of the main process is to recognize the capacity of the main body and control the specific content into must have the mental state and mental state in such a dominant character of the act under the control of their process. Therefore, the main act is a specific mental state at the start the objective world is the reality of the subjective element. Third, the acts is the nature of their actions on the basis of control or should control the role of the objective conditions in the act, so that the state recognize the main elements of the subjective into the objective reality of the process, and this is the objective aspect of behavior. Action is the process of subjective elements into the objective reality, but also the use of the process of the ability of recongnization and control of actors, more is the process that people using objective conditions. Finally, action is a social relation which is the result of the interaction with the object, the using of ability of recognize and control capabilities, the role of objects in the act, by changing or affecting the existence of a specific person or status, or against the threat of objective things.Section II is the proposing of new standards for the starting to commit. The subjective characteristics of crime: people pursuit the result of the criminal acts as the direct purpose, or the direct pursuit of the occurrence of crime, with no intention to stop periodically. This is different from the subjective purpose of the preparatory stage. The value of the characteristics of crime: act is illegal in the form or can not make a legitimate explanation to the act. There is a broad understanding of Illegal that should not make a legitimate explanation. The objective characteristics of crime: the beginning of control (to control) the role of the conditions on the object. Conditions acting on the object "refers to people or things must give rise to change the status of the existence of objective conditions, Including: The first is own conditions of people. The second are acts of external natural conditions, mainly referring to the people use tools, the natural process to implement criminal acts; three is the acts of others. "Controlling" refers to any activity or do not make it out of range, in accordance with the expected manner envisaged to play a role. "Should be control" is an obligation to control. Should be control is the relative of controlling, which means it ought to be a status, rather than a real-ran status.Part III is the "special type of criminal identification to proceed." Section I is about the proceeding of isolate offenders. The crime is initiated when the perpetrator submit the toxic food to the offices. At this time because the perpetrator pursuit the result of the occurrence of death as a direct purpose. At the same time, toxic food may not be able to explain legitimately. The importance is the actor has been expected according to his own way with toxic food (put toxic food to the others by mail means, others died after eating).Section II is how to proceed the starting to crime of omission. "the omission crime", not mean there is no physical act, but through the acts of others, the use of natural processes or non-legislative acts or the use of objective conditions, such as first acts, the role of objects in the act and the cause against the outcome of the process happen. Therefore, the start of omission is the beginning control or should control the conditions in the object (other people's behavior, the use of natural processes or non-legislative acts or the use of prior acts). Section III is how to proceed the starting to commit of double acts committed. Although rehabilitation is generally believed that commit acts can be divided into complex behavior involved in committing acts and committed progressive complex, but as to the two acts, the previous act is the beginning starting to commit.The fourth section is how to identify action liberal in cause. In accordance with the concept of re-characterization, the behavior of action liberal in cause is that he implementation of the previous acts without control status, which cause the implementation of acts and results happened.The fifth section is how to proceed the starting to commit of indirect perpetrators. Generally indirect perpetrators refers to the principal offender using the person must as the intermediary to implement criminal acts, the intermediary which be used is not responsible for criminal or not be the relationship of joint crime because of some circumstance. Under the new standards, the starting to commit is that people begin to implement the use of acts and begin to control the intermediary.Part IV is how to identify the starting to commit of joint crime. Section I is how to identify the starting to commit of joint crime conspiracy. It is a crime that Two or more imply some kind of commit in conspiracy, but only some person imply based on common means, and the people who is no direct implementation of conspiracy with the people who commit crimes together constitute the crime of conspiracy to commit. And when people act together after all, the acts of another person has become a subjective idea of the conditions expected on the. In other words, people have begun to act at this time control conditions in the object, that is, the behavior of the people have already started. The people want acts of others as a condition on Subjective and a part of their actions to achieve their criminal objectives and subjective contents of sin. When people with conspiracy to commit the act, the person acts like a bullet loaded in the same conditions in the preparation, the role has not yet begun to control the conditions in the object.Section II is how to identify the starting to commit of solicitation. According to the concept of re-characterization of the behavior, the behavior of solicitation is also guilty of abetting acts of control or the objective conditions should be controlled, the role of specific people or things in the status of the process exist. In other words, in the process of implementation of common crime , solicitation has recognize the nature of their acts are acts of abetting, and control their behavior so that those who have a mens rea is being used is being brought about by acts of their own subjective into the objective reality. Therefore, the starting to commit of solicitation can be identified in accordance with the new standards, that is, start controlling the conditions in the object, of course, the conditions here, including the conduct of the principal offender.Section III is how to identify the starting to commit of the assistant offender. According to the concept of re-characterization of the behavior, the behavior is also committed to help acts to control or controlled by objective conditions, the role of specific people or things in the status of the process exist. In other words, the implementation of a common crime in the process, the assistant has recognize the nature of their actions is helping behavior, and control over their act of crime is being implemented to facilitate the use of behavior is being itself into the subjective and objective sin reality. Therefore, proceeding the starting to commit of assistant offenders can be identified in accordance with the new standards, that is, when controlling the conditions in the object, of course, the conditions here, including the conduct of the principal offender.