The Theory Of Incapability In Committing Crime

The incapability in committing crime is a type of attempted crime in ourcountry's criminal law theory. If the behavior can actually reach the crimeaccomplished, it is the capability in committing crime or we will call it theincapability in committing crime.The most important defect of our theory is that we didn't have a systematictheory about whether the behavior should be punished. When we talk about therecording of illegality we didn't notice the relation between the behavior and theresult.In the article, what I call it incapability in committing crime is that if the behaviorcause reasonable doubt and can be confident the existence of criminal intent, it shouldbe punished relying on the judgment by ordinary people based on the rule of thumb.This concept has the following three characteristic:(a) Whether a people make errorin recognizing should be proved by the behavior of the people. The judge shouldn'tjudge it by imagining.(b) The way of the judgment relying on ordinary people'sjudgment based on rules of thumb.(c) The criteria of the judgment is high degree ofpossibility.I emphasis that the content of understanding of the perpetrator should be provedby his behavior because the dangerous of the perpetrator is the only according ofillegality when there is not any concrete result of damage. In other words, it is theultimate goal to demonstrate the dangerous of the people. If we recognize theexistence of criminal intent, the behavior will become the actor of unimportant. Thenwe will fall into the error of subjective imputation. There is no doubt that the thinkingof people belongs to the things of subjective world. It has to establish a link with theobjective world to become the object of criminal law evaluation.The theory of incapability in committing crime mainly constitute by three parts.They are the according of punishing attempted crime, the concept of the risk and thecriteria of the risk. The according of punishing attempted crime is the basis to solve the theory of incapability in committing crime. The answer to this question oftendepends on how to explain the illegality. However, the theory of existing criminal lawfocused on the illegality only and ignored the importance of penalty concept and thusalways been difficult to solve the problem fundamentally.I look France feelings as the theoretical starting point by explaining the conceptof France feelings. I find the logical starting point of penalty assessment, and thenbuild two different but interrelated penalty evaluation mechanisms. The propositionlaid the foundation for discussing the following two issues. The concept of the risk isa difficult problem in our theory but it is very important. At last, we have to solve theproblem of how to determine the criteria of the risk. I support the theory ofimpression.