Offense Patterns Of Crime

Attempted offense,joint offense and number of crimes of amount of theory and practice,there are many problems.Based on the study of the amount committed attempted shape,joint offense and number of crimes,these should be sorted out first,attempt of the crime in the Criminal Code,the crime of a few common form of crime and in the theory of some basic issues,then understanding and clarify crime of amount in the amount of nature.With the patterns of crime in the Criminal Code of combining theory,we can arrive at a final solution than crime of amount to the patterns of crime the answer to the question.In the Criminal Code,the amount required to commit a certain amount.As for the nature of the amount,in academia,there are many different points of view. Principal amount of controversy is whether the contents of constitution of a crime.The author believes that the amount committed in China's Criminal Law is not the amount of outside elements constitute the objective conditions for punishment,nor is it illegal evaluation element.It should be constitution of a crime,a crime results.Crime results refer to the object of the crime in the criminal acts to change the state.The amount of change as a description of the extent of the state should belong to the outcome of the hazard areas.And the amount will be deemed to endanger a result,many can be made on the issue of the amount committed clear and simplistic.Particularly on the issue of the attempt of the crime will be committed as result of the amount committed will also be better to resolve the issue.In addition,the amount in the amount committed is not only the outcome of the criminal law of the objective requirements,but also the perpetrator of the crime understanding of the characteristics of objects specific.The perpetrator not only because of the harm caused by the results of penalty punishment,but must be the outcome of the harm caused by the subjective awareness.With the correct understanding of the amount,the amount offense is the correct definition.In my opinion,the concept of the amount offense should be clearly stated in the amount committed to the nature.Criminal Law refers to the amount offense in the sub-specified amount of factors to the extent described the results as against crime.The amount offense must be clearly defined in the criminal law and must be consequential offence.General principles of criminal law in an attempt to do a general rule,and in the criminal law provisions in respect of which no specific criminal penalties should be attempted.According to this model,in principle,can be set up all attempted acts of crime should be dealt with as attempted.But some scholars believe that Chinese criminal law was not "completion of a crime "mode provides,as a result,there is no attempt of the crime committed,the Penal Code in the attempted acts does not necessarily have to impunity of.The author believes that Chinese criminal law on the direct intentional crime patterns is "completion of a crime "mode.In an attempt circumstances,as long as indirect intent criminal acts of attempted "plot" and "hazard" assessment can be drawn on whether the penalties need to use the conclusions.But this does not affect the "attempted" the existence of such a state.Sentence for attempted acts "against minor cases significantly less" is not punishment,otherwise punished.The amount of the existence of the attempt of the crime committed there are also a lot of controversy.The author believes that the amount committed attempted patterns exist.The perpetrator should be aware of understanding or the amount of crime targeting requirements,and as for reasons other than the will not succeed;it may constitute a crime attempted.The amount of all attempted offense committed with the final 13 of the Penal Code,to determine whether it can be with impunity,would constitute an offence.In short,the amount committed attempted exist,and whether there is a need for that attempt to criminalize the act through the comprehensive consideration to the circumstances of that.The amount offense by the joint crime refers to two or more common intentionally,the amount of crime.Therefore,the amount committed on the common form of intentional crime,mainly on the basis of the basic principles of common crime solutions to common patterns of crime,the amount committed by some special problems.The crime situation is under common standards,as well as the amount of common crime the issue of sharing the responsibility.On the main theory of the crimes of criminal common theory,behavior common theory and Part of a crime common theory,these theories have some problems. Their common problems are no scientific understanding to the nature of the act. And the animals biggest difference lies in the fact that people can use according to their own wishes external conditions to achieve their own purposes,not only the actions of their own body movements,but the conditions of use.Such conditions include people their own bodies,too!s,and the forces of nature,of course,also includes the acts of others.Therefore,the objective nature of criminal acts should be the control of the direction or control of crime should be targeted objective conditions.According to this view,common crime is actually on the use of the conduct of others.Common crime according to the criminal liability determined its own conviction and according to the crime size of the role determined the sentence.Such theory can be understood better solutions to common problems of crime,but also the amount committed by common crime. Overall,the crime should be based on each person should control their own or control the amount of conviction and sentencing.In the amount of five on the standard theory,the "total" is relative convincing.Here,"total" is not an objective that the total amount of the harm caused,but that the crime is recognized or should be recognized by this crime involves a large amount of the total.Any common criminal should be the standard.Cumulative amount is defined as the sum of the accumulated amount from the amount:Some scholars believe that,"cumulative amount" is in accordance with the theory of continuous guilty.Some are accordance with the theory of same kinds of crimes.Some are accordance with the theory of same kinds of crimes.These theories are difficult to explain the "cumulative amount ".Author believe that this phenomenon is the cause of the provisions of the Criminal Code after the amount offence a "special" requirements.For the same object implementation of the repetitive behavior,I believe that should not be a total amount of calculation.Take the continuity of the crime after crime proceeds to repay a previous crime and the amount of crime,author think that should be the last person to conduct the actual amount of proceeds,together with previous crimes but the outstanding amount as the standard.