Study On The Basis Of Punishment On The Crime Of Infraction Impossible

In our country’s criminal law, the infraction impossible is one kind of the coherent argument crime attempted. The behavior risk is its characteristics and the substantive punishment basis.We may say the recognize of the incapability process is dangerous breaks of code process.Spectrum of establishment about infraction impossible is extensive in theory of criminal law of our country, it is not in line with theory of constitution of a crime. Moreover, this makes whole theory of criminal law in no ordination.Although doctrines of infraction impossible in Germany and Japan are not perfect,they deserve to use for reference.In criminal jurisprudence of civil law systems, theories on legal infraction impossible is so intricate that subject and objective theories contradict while coexist. Further, different interpretations of dangerousness test criteria lead to arguments over different theories of the pure subjectivity,the abstract dangerousness.the concrete dangerousness and objective dangerousness.Infraction impossible is a tape of dangerous which is veryapparent in subjectivity. Although it’s objective behavior doesn’t make any actual harm, it covers the harm of legal interests.Besides, infraction Impossible is a kind of behavior which will comprehensively do harm to legal interests in objective.