The Research Of Initiation Of A Criminal Act Theory

How to understand and identify concretely "act to execute a crime"?Thereare various points of view both in foreign and China’s academia. Theargument in theories truly carries out a difficult issue for the practicaldepartment to identify act to execute a crime” It demands us to research itdeeply, because judicial practice needs solid theory basis. So this article madea round and systematical discussion of it in three aspects: the definition, thestandard of judgment and the special types of it.The first part mainly discusses the sources, to execute in the criminologylegal status and to execute the concept and characteristic of. The act toexecute a source and the legal status of discourse, which highlights theimportance of study on it; the act to execute a concept and the characteristicelaboration, further on in this paper for further discussion, in-depthexploration to execute a basic theory problem. The act to execute a conceptand characteristics, the author advocates should take the subjective andobjective factors to grasp the common.The second part mainly to execute to related theory are introduced andanalysis, the part surrounding the civil subjective, objective, said doctrine inAnglo-American law system all explicitly say, legislation specifically saidtheory and criminal law in our country are introduced, through analysis, andthus leads to execute judgment need around risk elements to be judged. Inaddition to further promote risk factors explain the function, the authorexpounds the theory for risk concept, risk classification claims, and thatcriminal law analysis of claim risk is subjective and objective judgment ofrisk, and further promote risk factors on Determination of significance toexecute.The third part mainly elaborated the risk concept under the guidance of theact to execute a key elements. The first part elaborates is dangerous to conceptof this core elements for the analysis of the essence that considers to execute, to execute to preparation for a crime behavior is to execute will produce theinfringement of legal interest urgent danger. Based on the risk perspective, theauthor expounds that to execute should have some basic key elements that thesubjective elements and the objective elements of establishment ofestablishment. In addition, in order to further clearly established to executethe identification of objective elements to infringement of legal interestimmediate risk judgment standard, this paper focuses on how to determine therisk factors and puts forward some principle of judgment, in order to be ableto apply to the judicial practice.The fourth part mainly discusses the risk perspective to execute a theorysystem construction and judicial application and other related problems. Thetheory holds that, as well as to execute a set of elements of the analysis, theauthor set up a new theory system is to execute judgment to execute fromobjective and subjective aspects, essence and form common to judge. In orderto test the theory system construction to execute the accuracy, the author torisk perspective, the use of new standards to decide to execute some specialforms of hands. For some special form to proceed comprehensive proof, inorder to test their reconstruction refers to the system to have practicalrationality and feasibility, and the judicial practice of the crime to have someguiding significance.