Comparative Study On The Criminal Law In China And The United States

The "attempted crime" in the basic theory of criminal law of the world is regarded as a type of "stop state" or "incomplete completion" in the process of criminal development,which has been studied and released by many scholars in the Chinese and foreign jurisprudence as a hot issue.At present,there are no small gaps in the research theory of attempted offenders in the Chinese criminal law and the basic theory of the American criminal law.There are differences in the definition and history,and there are many differences between the criteria and the punishment basis.On the basis of the comparison of the differences,this paper discusses the existing and critical issues,trying to expand the new windows in the jurisprudential field of vision,such as We should discuss different aspects of the problem of impossibility and provide reference for comparative jurisprudence.This article is divided into five parts.The first part expounds the concept and the development course of the "attempted crime" between China and theUnited States.The second part compares the standards of "starting" with the attempted crime of the two countries,and draws the differences and causes of the two countries;the third part expounds the attitude of China and the United States on the key issues of "inability to offend",and the fourth part explores the similarities and differences between China and America in the basis of punishment for attempted offenders;the fifth part,based on the first four parts,summarizes the reference and warning points of the attempted offense system in the US.The comparative research method runs through the full text,compares the key issues of the two countries’ basic theories on attempted offenders,analyzes their differences and causes,and then draws a useful inspiration to China’s criminal law.This paper also attaches great importance to the research path of combination of theory and practice,interspersed typical cases in the two countries,and analyzes and interprets them,so that the conclusions are more practical and rational.