On the accomplishment of a crime form
In December 24, 2011 Shi Liangmin Oriental

Abstract:"Crime" occupies an important position in the general provisions of criminal law and the theory, are crucial for other theoretical problems and the conviction and sentencing of the role in determining crime. State crime is crime or there is a type of crime, the only tunnel form mainly has the following four types: crime, dangerous crime, the crime and the act crime. These forms have different subjective and objective characteristics, can be defined to solve the problem in the case of crime and non crime, this crime and other crime from their different criterions and characteristics.

Key word.The crime only tunnel, morphology, behavior crime, dangerous crime, the crime, behavior crime

Crime is criminal law theory significant and profound contents, research the form of crime is quite important, it not only can reflect the degree of development of the theory of criminal law, and often directly related to the judicial practice in criminal case law, but also to our criminal law theory holistic understanding degree.

The so-called "form", in Chinese meaning refers to the existence of things exist in the form of state or. And the criminal form, simply can be understood as a state crime or the presence of type, however, the definition of crime should not only stay in a simple literal meaning, but should constitute a crime to crime. We believe that the strict meaning of crime, is refers to the type of the conviction and sentencing of the crime of specific features like state. It is summarized the formation of corresponding state type of specific common crime according to certain criteria, it is not only the specific crime of abstraction and sublimation, is the general principles of criminal law developing, is the crystallization of the crime and the theory of general complex, organic combination, form numerous complex body.

On the basis of the subjective aspect of crime, crime in the criminal law can be divided into two types of intentional and negligent, and intentional crime stop has completed and uncompleted form, this article I mainly accomplished crime forms described simply, according to the different provisions of China's criminal law on the direct intentional crime crime accomplished offense, there are mainly four types: crime, dangerous crime, the crime and the act crime. In this paper, I mainly from the basic definition, the crime crime accomplishment feature and discussed.

A, behavioral offense

(a) the definition of crime

Crime, crime, the actor completed crime legal, as long as the actor completed crime statutory crime, even if no actual harm results occur, even without causing a real danger occurs, also constitute a crime. Acts committed by basic standard crime legal will become a distinction between crime and attempted crime. But these actions are not a set is completed, according to the requirements of the law, this kind of behavior should be a process, to achieve a certain process, can be regarded as acts of completion. Therefore, to proceed with the implementation of crime cases, if the legal requirements of the degree is the completion of the crime, they should be regarded as crime completed is accomplished; if not because of outside criminal will reach the required level, failed to complete the crimes, it shall be deemed to be unfinished crime constitute a crime.

(two) the object features of behavioral offense

The object of the crime, also known as the violation object, refers to the protection by the criminal law in our country, and damaged by criminal act or threat of social relations. As a complete act crime characteristics of the object shape, can only be violated the legitimate rights and interests, and not a threat to the legitimate rights and interests of the nature of the crime, behavior crime not in most cases have embodied the object of the crime of harmful results, namely the acts committed violations of the object is not caused by the behavior of the act itself. The results reflected.

(three) conduct crime objective features

The objective aspect of crime, in addition to not harm results, even in the constitutive Act (ACT) itself, also have their own characteristics:

(1) behavior and violations committed. Once a behavior made complete, legitimate rights and interests by real damage. That is to say, the infringement and the behavior of the legitimate rights and interests of itself does not exist separately from the time of the.

(2) the degree of acts committed acts against the legitimate interests depend on the behavior itself. Of course, in different behavioral offense, manifest the symbol behavior is different, even in the same act crime, manifest the symbol behavior may also have more than one.

(3) acts committed acts of. That is not to is able to complete the crime, but only when it reaches a certain level practices, can sufficient basic elements.

(4) the object of crime crime behavior does not necessarily have to. The behavioral offense, by not requiring a harmful consequences or failed to produce harm result, it does not require the object of crime.

(four) the subjective features of behavioral offense

The subjective aspect of crime characteristics are as follows:

(1) the subjective aspects of crime, can not be negligent

Crime subjective aspect can not be negligent, is essentially that of negligent crime types can only be result crime but not behavioral offense. Because the criminal law provisions of criminal negligence must be committed as specified, therefore can be logically obtains the subjective aspects of crime, can not be wrong conclusions.

(2) understanding of the factors of behavioral offense

In general, understanding of the factors of criminal intent, is the result of knowing that one's actions will cause harm to society. The behavioral offense, only to realize that the behavioral results, can constitute the crime of intentional. The cognitive factor in the criminal intention is the essence of the prediction of harmful consequences. Crime, know only the objective elements of crime object and crime. Understanding of the object of the crime is the abstract knowledge, that is if people recognize that their behavior is against the legitimate rights and interests can be, does not require specific knowledge to violate the act which aspects of the legitimate rights and interests, that is if people recognize that their behavior is harmful to the society.

(3) will conduct crime

The object can only will factor acts committed against the harm behavior and harm, infringement behavior of the object of the crime is a hope or laissez faire attitude. I think the behavior person to the object against crime, can be a hope, also can be the implementation of laissez faire, the harm behavior, it can only be a hope not allowed.

Two, dangerous crime

(a) the concept of dangerous criminals

The so-called dangerous crime, is that regards dangerous act is sufficient to cause the legal danger state as signs of accomplished offense of crime. Or, a dangerous crime is harmful behavior risk refers to the behavior's results as a sign of accomplishment of crime. Dangerous crime requires not only the behavior implemented specific crimes in specific provisions of criminal law and criminal behavior, the dangerous state requirements are sufficient to cause some harm the social result, but does not require the actual harm results occur some crime. Dangerous crime in dangerous state statutory harmful consequences as the basic standard to distinguish the accomplished crime and attempted crime. As China's "criminal law" article 114th, article 116th, article 117th, article 118th stipulated in the arson, crime, the crime explosion by water, poisoning crime, the crime of endangering public safety, crime of sabotaging means of transportation, crime of sabotaging transportation facilities, power equipment destruction crime, crime of combustible or explosive equipment etc..

(two) feature of dangerous criminals

Characteristics of dangerous crime is mainly manifested in the following aspects:

1 dangerous crime is a dangerous state statutory crime accomplishment as a symbol.

2 of the dangerous crimes legal danger state must be caused by harmful behavior, a causal relationship between the cause and the cause between the two.

3 dangerous crime of dangerous state has a corresponding harmful results.

(three) type of dangerous criminals

Dangerous crime can be classified according to different standards, Chinese criminal law scholars for classification of dangerous crime, generally have the following:

1 according to the different nature of risk and protect the legal interests, can be divided into dangerous personal legal interests of crime and harm the majority is not specific dangerous criminals (public danger crime);

According to the 2 elements necessary risk degree is different, can be divided into concrete dangerous offense and abstract dangerous crime;

3 according to the subjective form of different, can be divided into intentional offense and negligent offense;

4 according to the characteristics of subject of crime is different, can be divided into natural person dangerous crime and the unit potential damage offense;

5 according to the manifestation of harm behavior is different, can be classified as dangerous and not as dangerous crime.

The above classification, the concrete dangerous offense and abstract dangerous crime classification is the most common, described here takes a point is, regardless of the danger to which form of crime, there is no determination on the dangerous, should adhere to the combination of the provisions of the law, to seek truth from facts and analysis, the concrete the case only in this way, can the correct division between crime and non crime, the accomplished crime and attempted crime.

Three, the crime

(a) the result of the concept of crime

The criminal crime, not only requires the completion of a specific crime behavior in specific provisions of criminal law, and crime actual harm results statutory. According to the characteristics of crime also includes the presumption of the crime. Committed to the legal crime result actually occurs as the basic standard to distinguish the accomplished crime and attempted crime. The so-called legal crime result, is the material to crime to the object of the crime caused by the object of crime, the specific role of the measurement can be determined, the tangible results of the damage. This kind of crime in our criminal law counts for a lot, but is a common crime, multiple crimes, such as murder, crime of intentional injury, robbery, robbery, theft, fraud, corruption and so on. Such as the crime of intentional homicide crime is the result of the death of others, the result of death is accomplished, for reasons other than the behavior of people will not death results to attempt.

(two) the classification results accomplished offense committed

Results the crime accomplished form the following two:

(1) the results of common crime accomplished form

Understanding the accomplished form of ordinary crime of the criminal is that specific crime results to decide their completed forms. We believe that any crime in real life are harm the social behavior, will cause the result of harm society. But this result is the elements of the crime, decided the results, or other significant results, which requires specific analysis. Determination of the crime accomplishment is the premise to establish has occurred in the facts of the crime, and of value judgement. If you have already occurred crime results to marks the crime to implement fully, then the result is a sign of specific crime of the crime accomplishment. Because the accomplished offense is the crime most serious harm to the society, the legislator should consider penalty limits of this adaptation in the legal penalty of the crime configuration. But the crime in what degree is the implementation of the most fully, characteristic depends mainly on the crime itself and its damage degree. For example, if a crime is theft, then mark specific results accomplished was founded to actual control or possession of theft; if the crime is forged, specific results then sign up should be accomplished the counterfeit has been completed. The characteristics of criminal behavior often limit the scope of crime object and crime object violated the degree requirements, thus affecting the establishment of crime. For example, also is the national official documents, certificates and seals as the object, the trading behavior was accomplished require both parties to object as the subject of the transaction can be completed; and the destructive behavior was accomplished requires criminals will this object is damaged, the loss of use function. In addition, the same charges may include a plurality of selective criminal behavior, criminal implement different behavior, the establishment of the crime accomplishment requirements are different. For example, the provisions of article 347th of smuggling, trafficking, transporting, crime of manufacturing narcotics smuggling, trafficking, the charges included, transportation, manufacturing of four different characteristics of behavior, the implementation of any behavior, constitute this crime. But the implementation of these actions were accomplished the required the result of crime is different.

(2) the results of special crime accomplished form

Special structure of consequential offense to the legal crime result as a necessary condition of committing a crime, this condition is established for the crime accomplished offense is also essential. Therefore, the results of this kind crime accomplished form, is actually the legal crime result should be identified with what content, such as "serious" or "vile" etc.. We think, because the crime results has the characteristics of objectivity, the establishment of this kind of crime fighting with objectivism obvious color.

Finally, we think that the accomplishment of a crime is an intentional crime and the crime of intentional crime directly has (negligence crime without complete form and unfinished form points), therefore, study a result crime accomplished form must be based on this kind of crime can be constituted by direct intention is the premise. Regardless of what kind of results in the form of crime, to determine the result crime accomplished form, in the premise of persisting in the integration of the law, to seek truth from facts and analysis of specific cases, we can accurately determine whether a result crime accomplishment shape.

Four, act crime

Act crime, also called manners made or purely behavioral offence, there are scholars called for the immediate crime, is in accordance with the law, conduct a crime to crime is to complete and fully comply with the constitution, which constitute accomplished crime. As the fission country crime, crime of inciting subversion of state power. Act committed crime, harm result does not require criminal acts occurred the actual practical harmful result or cause, don't even request crime completed. As long as the behavior of a to crime, the crime is completed and fully conform to the crime constitution. Act crime does not exist in the form of attempted crime. Nature of the analysis from the crime, behavior crime includes two components: one is the original is preliminary in nature of crime. As China's "criminal law" in terrorism crime, to participate in the organization with underworld society crime. The implementation of crime behavior from the perspective of jurisprudence was ready to act of nature, is to create convenient conditions for a crime in preparation, but because of the nature of the crime involved these preparatory behavior seriously, once the further proceed with the implementation of harm is great, to effectively combat and prevent the crime, the nature of legal reserve improve the behavior of the crime in the act, and the provisions of these crimes act crime, embarking on which constitute accomplished. Two is the instigator incite the nature of the crime. As China's "criminal law" of ethnic discrimination crime, crime of Imparting Criminal Methods etc.. These of the crime is abetting, provocative behavior, for many people, to stimulate people produce and implement the criminal intent. So the crime does great harm, harm scope is broad, and even completed does not necessarily occur or may not immediately produce can specifically identify tangible actual harm results, taking into account the special nature of the crime of serious harm and criminal acts, the law also put them provisions for the act crime, as long as the behavior people started to commit a crime, it has all the elements of a crime and constitute accomplished. Because the act crime is started to commit a crime constitutes the crime of attempted offense, so it does not exist, there would be no completed and uncompleted division. But the act committed crime accomplished offense and preparation for a crime and the preparatory phase of the discontinuation of difference.

Because the act crime proportion in our country's criminal law, and relatively easy to identify, this is no longer too much interpretation.

Five, the conclusion

The theory of criminal law with the change of the society is constantly changing and developing, the penal code also will make more detailed provisions on the theory of criminal law, the same is true for the crime which requires us to various forms of crime, the more detailed, treatment will be in the case of difficult and complex cases according to several, of course morphological behavior crime accomplished offense, dangerous crime, the crime and the act committed there will be some cross, the legislation will have some difficulties, but we believe that as long as we grasp the main features of these kinds of crime forms, can still solve the case of crime and non crime, this crime and other crime problem. It is crucial to China's criminal law overall context of integrity and conviction in criminal law theory and the development of general provisions in the specific provisions of sentencing laws applicable to help.

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(Hong Kong High People's Court of Jiangsu province Taizhou City author unit:)