A Study On Attempted Crime Due To Impossibility

Attempted crime due to impossibility is a disputed topic yet since the 19th century when Feuerbach first established. However, foreign criminal law through the legislative structure and theoretical study of the observation, mostly as a criminal act will be punished. Attempted crime due to impossibility in our country the traditional theory did not give too much attention. Attempted crime due to impossibility has been as a crime under the concept of attempted crime and referred by scholars when they are dealing with "error theory" or "attempted crime theory" . However, on the one hand, our country's social life afford to make the existence of the reality of attempted crime due to impossibility cases, on the other hand, attempted crime due to impossibility should become the focus of the scholars with the introduction of the theory of foreign criminal law and domestic criminal law scholars for China' s traditional theory of a continual process of reflection.I pointed out that the problem attempted crime due to impossibility scholars argue on the substance of which is how to maintain the culpability and foundation of punishment of attempted crime due to impossibility by introducing the criminal law theory of abroad and our country' s. On this basis, I discuss that the attempted crime due to impossibility and it' s constitute the characteristics in the second chapter and the foundation of punishment of the attempted crime due to impossibility in the third chapter. At the same time, the article discuss the relationship between attempted crime due to impossibility and legal impossibility and the differences between attempted crime due to impossibility and attempted crime.Through the above discussion, the article point that the attempted crime due to impossibility is the case which the actor already start the implementation of criminal acts, but because of its commitment to recognize the truth of the crime error, with the result that the act could not arrive accomplished, but the behavior is dangerous and should be the case penalty. And the attempted crime due to impossibility should be subject to penalty because that its benefits are a law against criminal acts. I point that the harmful to society is the punishment based on attempted crime due to impossibility and its specific performance at the characteristics of attempted crime due to impossibility is the danger. But there are many different opinions on the judgment of the existence of danger. However, the. quality of our country's criminal law norms and the reality of China' s national conditions, However, the quality of our country's criminal law norms and the reality of China's national conditions, I passed the information to judge, judge of the principal, judge of the principal to determine the time to determine the standard selection, to promote specific criteria dangerous say. Meanwhile, I point out that attempted crime due to impossibility is a cross concept of legal impossibility and attempted crime. On the other hand, the difference between attempted crime due to impossibility and attempted crime are the causes of undone criminal deed and their volume of dangerous.