A Study On The Impossible Crime

Impossible crime in China does not receive due attention in theory, and our traditional theory of criminal law will not be simply attributed to commit a criminal attempt, as the offense. However, there are many foreign countries can not be guilty of a separate legislation and the formation of an unusually rich in theory the doctrine. This paper analyzes the fundamental issues that can not be committed to study and improve on this basis. This article is about 35,000 words, addition to the introduction and conclusion, is divided into five parts.The first part focuses on the concept of impossible crime, characteristics and concepts of community and related points, mainly to further clarify the connotation and extension of it. Making clear the concept of it is to further study other issues. Obviously,it is very important.The second part discusses the danger of impossible crime of attempt to judge the issue. By the author of numerous domestic and foreign doctrines can not be guilty of assessment, on this basis our country can not be found guilty of two judge that should adhere to the treatment.The third part discusses the classification of not guilty and the judicial. Firstly,it discusses the classification of domestic and not guilty, and our country is divided into objects and tools. Then the treatment will be committed for the two types.The forth part discusses the criminal liability can not be committed. First of all, that it was not guilty of criminal liability based on, primarily in the subjective and the objective of the attempted offense. Then discussed the punishment at home and abroad can not commit mode and make the author's views on this issue.The fifth part discusses the theoretical system can not be guilty of perfection. On how to improve our legislation can not be guilty of some initial ideas. Can not be attempted by trying to commit to national legislation and theory of, and committed our country can not be attempted analysis of the theory and the social status quo, on how to improve our country can not be guilty of attempted legislation and theories developed for some useful promotion.