On Impossibility

Impossibility is not stipulated in Criminal Law and paid little attention in traditional criminal theory in China. It is just classified as attempted crime and regarded as guilty. Compared to the criminal jurisprudence of other countries,impossibility has been legislated independently and theories about it are very complicated. In fact,impossibility has its unique value and is associated with many criminal fundamental principals such as subjective and objective culpability,constitution of a crime. It should not belong to attempted crime and cannot be regarded guilt in every instance,or safeguard and protection function of criminal law cannot be realized at the same time. Based on that point,through comparative studying,this article puts forward a new point of view that may be useful in both criminal theory and judicial practice in China.First,by discussing the definition of impossibility,this article rearranges its status in criminal jurisprudence in China and points out that impossibility,attempt and renunciation are three types of inchoate crime.Second,the essence of impossibility is its criminal responsibility. According to the theory of danger and the principle of social appropriateness,this article divides impossibility into two categories:punishable impossibility and unpunishable impossibility.Third,relative questions such as superstitious offense,offense under illusion and lack of constitutive of elements are examined,which can be helpful to make the connotation and extension of impossibility clear.