Exploration of the Theoretical Basis for Punishing Attempted Crimes——Assuming the Rationality of Factual Statements and the Criterion of"Conditions"as the Connotation of"Reasons"
The punishment for attempted crimes is based on the determination of the scope of attempted crimes,that is,the distinction between non committed and attempted crimes.The subjective attempted crime theory is based on subjective criminal law theory,which seeks punishment based on the subjective anti normative nature of the perpetrator.It believes that as long as there is a manifestation of legal hostility,attempted crime is established.The"objective attempted theory"adheres to the perspective of objectivism,and establishes punishment based on the danger of infringement of legal interests.Therefore,only when the behavior has the danger of completion,it is considered completed.The Impression Theory holds that attempted crimes can only be established when the perpetrator's criminal intent is sufficient to shock the public and cause them to distrust the legal order.Overall,the objective near miss theory is appropriate,and at the same time,the"objective near miss theory""objective danger theory""assumed fact theory"should be adopted,and the"cause"standard in the assumed fact theory should be recognized as"condition".
punishment basis for attempted crimesobjective danger theoryassumed fact theory
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