Studying On The Impossibility

For a long time, scholars studying in Criminal law are lack of in-depth research on the issue of Impossibility and the national criminal legislation pays no more specifically attention on it, and this embarrassing reality leads to a lot of confusions in criminal justice activities.This article first extracts the missing of criminal law about Impossibility through a case and then by comparing China's criminal law with foreign countries' as well as the differences in legislation. And points out the drawbacks of our country in Impossibility. Meanwhile by explaining the value of our country's criminal law and conditions which can be used to judge guilty and criteria of danger and other contents, then points out that Impossibility in our legislation should not be too general, we should best distinguish more clearly in internal level in the Criminal Code 23. The criterion of how to distinguish guilty or not is rely on the dangers of behaviors when offenders acts. The behavior should be punished as attempted crime if it is dangerous. On the contrary, it belongs to legal behavior and should not be punished. As for how to identify whether behaviors are dangerous or not, the writer believes we should judge it from two sides, one is the recoganizations that actors are especially realized; the other is the facts that general public might realized. According to a scientific understandings of the experienced people(in the way after the identification of)to determine whether a behavior is dangerous or not. At last, the author envisiones the use of the legislative model to the case assessment and makes his own conclusion.The article can be divided into five parts. In the first part, the author betrayes the missing of our country's legislation in Impossibility. In the second part, the author gets the conclusion that our country has no specialized legislation of Impossibility through researching on our criminal law. In the third part, by discussing Impossibility law of foreign country, the author pionts out that our criminal law should schedule the legislation of Impossibility. Then in the following part, the author envisages the Impossibilty code in my own view. In the last part, the author expresses his own view about the case by the criminal law code about Impossibilty of his own imagination.