2004Journal of Sun Yatsen UniversityRequires access

Studies on Criminal Liability of Criminal Attempt

Nie Li-ze

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Abstract

This paper is a comparative study of the theory and system of criminal liability of criminal attempt, the punishment principle of criminal attempt in Chinese criminal law and the relation between criminal attempt and impossibility of crime. It points out that all of the doctrines of criminal attempt based on subjectivism, objectivism or eclecticism are unilateral. The scientific theory is the one based on the principle of integrating the subjectivity and objectivity in Chinese criminal law. In addition, it puts forward some suggestions on how to perfect the theory of impossibility of crime in Chinese criminal law.

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What this paper is about

This paper is a comparative study of the theory and system of criminal liability of criminal attempt, the punishment principle of criminal attempt in Chinese criminal law and the relation between criminal attempt and impossibility of crime. It points out that all of the doctrines of criminal attempt based on subjectivism, objectivism or eclecticism are unilateral. The scientific theory is the one based on the principle of integrating the subjectivity and objectivity in Chinese criminal law. In addition, it puts forward some suggestions on how to perfect the theory of impossibility of crime in Chinese criminal law.

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Available abstract

This paper is a comparative study of the theory and system of criminal liability of criminal attempt, the punishment principle of criminal attempt in Chinese criminal law and the relation between criminal attempt and impossibility of crime. It points out that all of the doctrines of criminal attempt based on subjectivism, objectivism or eclecticism are unilateral. The scientific theory is the one based on the principle of integrating the subjectivity and objectivity in Chinese criminal law. In addition, it puts forward some suggestions on how to perfect the theory of impossibility of crime in Chinese criminal law.

Key concepts: Subjectivism, Criminal law, Objectivism, Impossibility, Theory of criminal justice, Law, Proportionality (law), Principle of legality

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