犯罪未遂处罚依据理论之比较研究

The Comparison Study of the Punishment Theory of Attempted Crimes

文章通过对大陆法系和英美法系未遂犯处罚依据理论的比较分析,指出二者在刑事立法与司法政策上的异同,并分析其背后的精神实质,指出对我国刑法未遂理论的借鉴意义,认为在我国刑法理念上当确立主张公民本位的客观主义的立场。

By comparison study of punishment theory of attempted crimes in US,UK and European nations, we point out the difference in the criminal legislation and justice policy between two kinds of justice system,and analyze the basic idea behind them. Advancing that in our county,we should base on the objectivism in the theory of punishing attempted crimes,so as to safeguard the citizens basic rights in our criminal law.