On The Criminal Act Aimed At

The perpetrating act is an important concept in criminal law , but there are significant differences in understanding the concept . The act of perpetrating not only provide standards for various crimes , but also differs from the non-perpetrating act and is the base of the individualized penalty . However , theoretical understanding for the concept fail to reach consensus .This paper , based on China's criminal law and drawn lessons abroad , are emphasizing the importance of substantive risk in identifying the act of perpetrating to enrich study of it and enhance the accuracy of identifying it in practice.The full text divides into three major parts of the introduction , the main body , and the conclusion. The introduction mainly introduces the importance of study of perpetrating act .The body includes the following three parts :The first part is the definition of the concept of the perpetrating act. Theoretically, there are formal , substantive , mixed concept . The formal concept stresses legally prescribed punishment for specified crime and designation , hoping to restrict the scope of perpetrating act; The substantive view focuses on the nature of the crime , and its nature is intrusive on or threat to legal interests . Thus the act is of danger and ensure human rights by means of remove the act which can not cause any danger . The mixed concept, for the non-dangerous act, think only combined two kind of view can limit the scope of punishment , but it will be think as unaccomplished offence according the former view and it will be thought as crime without legal regulation according to the later. The paper, based on the above analysis, generally agree with the mixed view and come to my own conclusion . Moreover , the paper , distinguishes the perpetrating act from non-perpetrating act such as preparatory committing act, abetting committing act , organic committing act , aiding committing act and from other concepts , and more clearly defines the scope of the perpetrating act.The second part is the study of structure of the perpetrating act . This part first introduces the doctrines on act , including natural act, objective act , society act , personality act , etc. The paper , based on the analysis of doctrines , absorbs the reasonable factors of intension act of natural act, and presents my own concept of act. Secondly , the paper discusses the mental element , especially in negligence crime . Finally , the article especially analyses the physical element of omission crime and liberal act in cause , For omission , it is not that it has not any physical movements, but that it does not fulfil special physical movements because of not fulfilling specific obligations . Others movements are not called commission compared with legal requests . It means that there are not the form of commission in omission crime . For liberal act in cause , as long as the original mental decision controls or affects the body movements under non-responsible ability , Mental and physical elements can be regarded exiting at the same time. Its traits consistent with internal elements of act.The third part is the essence of the perpetrating act and the confirmation of perpetrating act under special circumstance . This section , from the doctrines of risk , analyses the essence and focus of theories , supports that the view of specific risk reflects human rights of objective in time , facts , standards of judgment. Secondly , this section discusses the starting time of perpetrating act under special circumstance . The paper holds that the perpetrating act is one of realistic danger , and the beginning time of it must be consistent with the basic requirements . In this paper , the view of substantial objective doctrine is applied to the criminal act under special circumstances, so that to avoid uncertainty of the old standards , emphasizing the essence of danger at the beginning time of the perpetrating act.