On The Form Of Attempted Crime Of Amount

Amount is objective, clarity, and so was the ancient and modern, Chinese andforeign criminal law as a measure of the size of the crime harmfulness ruler. Criminalrefers to the amount of criminal law expressly to a certain number, number ofcomponents for the kind of crime types. In the amount of research made, not reachedthe number of criminal law, whether in the form of existing number attempted incriminal law theory has the big dispute, be said, negative respectively in said,compromise said. Based on the papers of the doctrine of evaluation, increase theamount that make attempted existence form, and the basic amount made does notexist attempted form.The crime of the explanation is research any type can be evaded the crime problem,make form of attempted amount also is such. According to the theory of China’scriminal law attempted theory, can be made of the amount of attempted establishedcondition characteristics summarized as three points: first, the amount "beginning"attempted to make is a seemingly criminal law has already begun to the amount of thecrime, and the action has reached the amount of the criminal law is dangerous;Second, the amount attempted to make "to no avail" is refers to the crime does notreach the amount of the criminal law; Finally, the amount of attempted to make"behavior person other than the will of reason" refers to a crime against the actor will,and enough to prevent behavior to the provisions of the criminal law crime amount ofsubjective and objective factors.Eventually all kinds of criminal law theory of problem to solve, are to blame. Theamount of the attempted to make concerned, need to be solved for the amount of theform is made of the problems that attempted. The criminal law theory for, accordingto the amount of the attempted to make three characteristics, the paper believes thatthe amount of attempted to make subjective aspects should be the amount andobjective aspects of the unified amount for standards, amount to make attempted to noavail should not ready to make the components of the amount for determinationstandards, and the reason other than the will to act against the will and should beenough to prevent crime to realize the amount determination standards. From thejudicial practice, it made the exact amount due charges complicated social damageand the amount of the scale changes, the crime of fraud of the papers to the amount asan example to make the concrete determination standard attempted are discussed inthis paper.