Research On The Proceeding To Perpetrating Act

Perpetrating act implementation is the essential theoretical issue of criminal law,and there are always various theories and viewpoints from scholars of criminal law inChina and foreign countries. Up to now, a completely unified theoretical insight is inabsence. in accordance with the current theoretical research, on one hand, the pureSubjective Theory in criminal law has almost become outdated, together with fewscholars insisting on it, even though there is some certain reasonability in the theory.On the other hand, the Objective Theory and Compromise Theory are still active incriminal theories, especially in civil law system. In general, there are related theoriesand theoretical research achievements blossoming with on one taking absoluteauthority. In China, the Objective Theory takes a dominant position. However,followed with the new Essential Objective Theories’ developing, the common theorywhich traditionally was all way unimpeded has been challenged. As time goes by,divergence in theories is gradually clear. Hence, there is still a long way to reach aunified theory in identifying the perpetrating act proceeding.The theoretical research finally aims to guide the specific practice. However,various divergences in the theoretical research in criminal law would absolutelyincrease the difficulty in juridical practice. therefore, it is essential to take a researchin perpetrating act proceeding, which has been a unsolved basic problem in criminallaw. For this purpose, this paper has made a discussion about this question by takingthe theoretical research results both in Chinese and foreign criminal law. Finally, thispaper would come up with a conclusion about the standard and question involved inproceeding perpetrating act. Details of the content mainly consist of the followingthree sections.Section one, the overview of perpetrating act and its proceeding. This partmainly talks about the basic questions about the perpetrating act and its proceeding.Based on this, there will be primary definition about relevant concepts and discussionabout its characteristics and significance to highlight the importance of this theory. Ingeneral, this section would make a theoretical preparation for the identification in thefollowing sections.Section two, the theoretical analysis on identification standard for the proceeding to perpetrating act. This part discusses the identification standards in civil law system,anglo-American law system and Chinese criminal law system. Then this paperpresents a more reasonable standard which should be followed in identifying theproceeding to perpetrating act, namely the standard of insisting on double levels.Firstly, there should be a formal modelled analysis on perpetrating act. Secondly,based on the method mentioned above, whether the specific behavior would lay animmediate danger on specific rights or interests or not should be interpreted. Finally,acts which meet up with the two standards above could be identified as theperpetrating act.Section three, the identification for proceeding to perpetrating act in specialcrime behavior. This section mainly interprets the controversial special crime. What’smore, there will be an analysis on the perpetrating act in special crime based on thestandards in section two, namely, identify the perpetrating act in special crime withthe standard in section two. At the same time, this could check the reasonability,scientificity and feasibility of the standard this paper insists.