The Research Of Commence Of Perpetrating Act

Commence of perpetrating act involves the establishment of crime、behavior canbe punished、 criminal responsibility and so on. It is just because of act to problemswith such great significance of crime and the concept of act is hard to define, criminallaw experts from civil law countries or regions have bejun a systemic research.Ourcriminal law experts have not given its due attention. The paper begins from the civillaw countries or regions on the behavior of the theory, attempting to summarize thejudgement of commence of perpetrating act in order to help the judicial practice.The paper is divided into four parts.The first part is about the theory of commenceof perpetrating act,including the subjective theory、the objective theory and theeclecticism theory.Those theory exist internal differences. The author analyses itstheoretical advantages and disadvantages, in order to seek a better guide. The secondportion is about our criminal law experts define the definition of the concept ofact,including three theorys. Author is in favor of the third viewpoint.The third pat isthe core.it attempts to summarize the judgement of commence of perpetrating act inorder to help the judicial practice. The act to be elements of crime compliance as aguide, with a specific crime behavior as the basis, to accurately grasp the essence ofact to the standard.The judgement of commence of perpetrating act needs to combinewith the actor’s subjective.At last, the author emphasized that commence ofperpetrating act is the unity of objective and subjective, Is a combination of factjudgment and value judgment. We cannot build a standard of the commence of perpetrating act.But it is not to deny that we can Summarize some methods to judgeact,and it will help us correctly understand the commence of perpetrating act.