| 1. | New vision of attempted crime and accomplished crime 以盗窃罪为例的思考 |
| 2. | In this part , it mainly analyses the definition of unaccomplished crime and accomplished crime 第四部分未遂犯与既遂犯的认定。 |
| 3. | At last , the article mentions the functions of the harmful consequence on distinguishing crime and not crime , one crime and other crime , accomplished crime and criminal attempt 最后论述了研究危害结果在界定罪与非罪、此罪与彼罪、既遂与未遂等方面的意义。 |
| 4. | From the total amount of the embezzled public funds , the infringement degree of public funds can be well viewed embezzling public funds but not used yet is determined as the accomplished crime of misappropriating public funds “挪用公款的总量”最能反映挪用人对公款的侵犯程度。 “挪而未用”属于挪用公款罪既遂。 |
| 5. | Based on the above , this article discussed the range of punishment of unaccomplished crime , which seldom discussed in academe , defining problems of unaccomplished crime and accomplished crime , which are difficult to handle in the practice of judicial administration 文章以此为基础,探讨了学界少有讨论的未遂犯的处罚范围及司法实践中难以操作的未遂犯与既遂犯的认定问题。 |
| 6. | In the element of timeliness , the author mainly elaborates some problems about the crime termination in preparatory crime and the crime termination after accomplishing crime . in the element of voluntariness , the author researches the standard to comprehend and determine the voluntariness 能达目的而不欲时,属于犯罪中止,欲达目的而不能时,属于犯罪未遂;在有效性要件中,对中止行为与结果未发生之间是否要求具有因果关系予以重点阐述。 |
| 7. | Primarily , the conditions compared between the offender of an accomplished crime and offender of a criminal attempt are much the same ; secondly , what are the meanings of " being given a lighter punishment " and " being given a mitigated punishment " ; thirdly ; how is the meaning of " can " understood 主要从三个方面进行,一是被比照的既遂犯应与未遂犯的犯罪情况大致相同;二是“从轻” 、 “减轻”处罚的含义,三是如何理解“可以”的含义。 |
| 8. | One important function of harmful consequence is to distinguish conduct crime and result crime . by analyzing the standards of distinguishing them , the article indicates that it is a reasonable standard to distinguish conduct crime and result crime , that the appearing of harmful consequence stated by criminal law is taken as a condition to accomplished crime 危害结果的一个重要作用就是区分行为犯与结果犯,文章对区分行为犯与结果犯的标准进行了分析,指出以特定危害结果的出现作为认定犯罪既遂的条件是区分行为犯与结果犯的合理标准 |