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The box set can be fined attempted

Author: LiBin
Tutor: RuanQiLin
School: China University of Political Science
Course: Criminal Law
Keywords: Attempts to commit Abortive Accomplished Accusation Behavior Result Plot
CLC: D924.1
Type: Master's thesis
Year: 2005
Downloads: 191
Quote: 2
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Abstract

This article aims to illustrate general principles set forth in the Penal Code can be fined attempted universal principles and judicial practice can be fined attempted choose direct conflict , from the nature of crimes against the legal interests , discusses the criteria identified consummated crime , attempted distinction can be fined and the de facto attempted acts of criminal law provisions can be fined according to the angle from to sort out the range of results can be fined attempted . This paper is divided into three parts: the first part - the origin of the problem can be fined attempted . For infringement of legal interests did not cause real harm results to the behavior of the inherent rationality still be punished according to what ? Probe from the penalty attempt from the origin , combined with penalties attempted law, philosophy , economics , and many other countries today to be based on well the scope of legislation attempted penalty cases, preliminary results are not necessarily an attempted act can be fined , that is only a small part of the unfinished state crime criminal law still has to be worthy of condemnation hazardous properties . The second part - can be fined for the attempted problems of interpretation . Major General in the Criminal Code penalties for attempted generality of the provisions and practice limited penalties attempted uncoordinated, uncoordinated explored to address this situation workable ideas: universal penalty is contrary to the Restraining Criminal Law , liberty safeguards , thus it is not necessary nor realistic , but through the distinction between felony misdemeanor attempted to arrive at a range can be fined is unrealistic , because the lack of measurable weight misdemeanor crime reference point . On this basis , there may be excluded theoretically first attempted penalty case , legal interest from the real harm occurs as deemed consummated perspective Accomplished standards for clarification , and the effects of crime and crime consummated established the relationship , the distinction between attempted acts of a de facto relationship and can be fined attempted that attempted acts as a de facto state can exist in all types of crime , but based on the requirements of Crime quantitative factors , only a few unfinished state crime through social harmful levels of investigation, to enter the criminal law assessment of vision, and because there is no cause of legal interest aggrieved real harm results , which can be applied to general principles for the attempted offense was less punishment provisions of this part of the small amount of crime can only be considered to be an attempted offense and completed the crime difference. The third part - from the point of view of the provisions of the specific analysis can be fined attempted ranges. Mainly from the provisions of sub-rule counts the perspective of the provisions of sub- divided into \types of basic analysis of various types of crime can be punished according to define the behavior of guilt , danger, result , the amount of crime and the circumstances identified in the identification process of the different roles of crime , thus divided into simple acts committed , the result elements transgressions results completes the crime , behavior amounts committed , the result amounts committed , dangerous - real harm type of crime , type of crime and other preparatory types of crime , and the sub- division of the provisions in detail that only the result completes the crime , the amount of committing acts only exist penalties may be attempted , crime or other circumstances only distinction , and distinguish between crimes completed form and unfinished form , and whether the penalty for attempted was minus principle is unnecessary. Also discussed Aggravated offense committed with the basic structure of the relationship between , and whether it can be applied to reduce the requirements have attempted other issues .

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
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