On Attempted Criminal

The feature is a case where an offender system attempted to crime one important content of research. The author first from the crime of the historical evolution of attempted system of China's present criminal law, then on the definition and crime attempted criminal attempted demonstrates the characteristics of the system. Crime was first attempted by the 18th century system of Italian jurist proposed,1714,"" father of modern criminal law the Italian scholars Beccaria-Marchese published as criminal classical school founded logo" on crime and punishment ". Since then, the French first in criminal legislation stipulates the crime on the general concepts and attempted the principle and punishment. Subsequently, the criminal law "in Germany also set a similar concept and punishment principle. Until the early 20th century, the crime in bourgeois countries attempted system get universal regulation penal code. China's feudal attempted criminal law, the general concepts without crime and punishment principle of contemporary China clearly stipulates, the current criminal law attempted concept is a crime in France pie. China's present criminal law article 23 regulation:"have already begun to commit a crime but for reasons other than molecular will not consummated, it is crime." attempted According to China's present criminal law on the crime of regulation, attempted we can see that the crime system should have three characteristics attempted. One is begun to commit; Second is the crime to no avail; Thirdly, other than the will cause a criminal.For "begun to commit", the criminal law theory mainly has said, subjective and objective three kinds of claims. Compromise Objective said can be divided into form of objective and subjective objective said, forms of objective said the set that part of implementing the elements of behavior (display constitutions features behavior, and that for necessary) is sufficient. Substantial objective should be to say that the standard items to begin. Substantial Subjective said that crime is a character actor dangerous disclosed, dangerous character is criminal responsibility foundation, the behavior that dangerous character only itself, therefore, should with significance whether there are criminal intent actor for standards, to determine the crime to begin. Compromise that and start has said the significance of subjective and objective two aspects, two aspects are sealed, identified to each other to combine two aspects, objective embarked on crime will put confirmed the offender different legislations and deterministic carries out sex, subjective FanYi to get objective begun to behavior confirmed. The author thinks that, those three theories exist such and such defects, the so-called hand, is to implement the offender pursues causes some crime, has the real dangerous behavior. In practice, we judge that crime "beginning" and must be comprehensive consideration of the four factors:one is to implement actions should be actual contact or close to criminal object; 2 it is perpetrating act of crime of direct object must be caused direct threat; Three is to implement actions must be able to direct cause harmful consequences occur, Four is implemented act must be able to demonstrate its criminal intent.For the "crime to no avail," criminal law "crime theory mainly complete", "crime results" and "enough constitutions said". "Crime without realizing that finish said" there is no crime, criminal offense to finish, is to finish with the accomplishment that distinguishes made signs. "Crime results said" think distinguishes criminal attempted crime accomplishment is the only symbol is whether the crime happened results. "Enough with constituents said." if it has enough that distinguish crime elements as attempted standard with crime accomplishment. On this issue, the author's ideas and "enough constitutions said" attempted to distinguish crime is close to quite with crime accomplishment standard should be crime is ready. The author also believe that China's present criminal law not consummated with "crime" a crime attempted feature was not accurate enough. In practice that this problem, we should notice the following:one is scientifically determine different kinds of criminals constitutions complete or not standards; 2 it is correctly understand the elements is ready or not all elements of meaning; Three is the crime accomplishment may not complete form appeared again. For "criminals will for reasons other than", civil law countries such as Germany, Japan and Italy's criminal law scholars think after begun to commit the actor, if not based on their own volition and suspend crime, can certainly not exceeding the accomplishment but crime by factors other than offender will be caused by. The author thinks that should be enough to deter criminals to "why" as crime will that criminals "criminals will for reasons other than" standards. To completely or in mistakes and is mainly based on understanding crime case of unfinished qualitative problems, the writer discusses for criminal object irrtumslehre unfinished criminal cases of crimes, because the objective environment conditions irrtumslehre unfinished criminal cases of crimes, because causal relationship irrtumslehre unfinished for crimes and the victim in special circumstances "promises" namely trapped coaxing at face value and unfinished criminal cases qualitative problem.Our country criminal law about the provisions of the criminal attempted is too vague, the author in this kind of situation offers two Suggestions:it is suggested that the in 1997, China promulgated the "has embarked on the criminal crime", and change "has already begun to criminal law;" the crime prescribed specifics 2 it is not consummated suggestion will "to" change "fails to complete a crime".