Research About Impossible Attempt

Since Feuerbach’s theory impossibility of Crime, all kinds of theories abound. Impossible attempt for our country abroad, Chinese traditional theory of criminal law theory can not be guilty of attempted due to various reasons not carried out a systematic study, but simply can not afford to make into attempted. But whether it is the purpose of our theory of criminal law or judicial practice from the point of view, not attempts to commit a theoretical system is imperative. In this paper, the following five aspects of the problem can not be guilty of attempted discussed.The first part of the conceptual issues that can not be guilty of attempted defined abandon our traditional criminal law Impossibility of Crime attempted title, and not be used for attempts to commit a. Can not attempts to commit a perpetrator has started to carry out the intent of the crime, and characterization of the behavior seems to be dangerous, but the resulting behavior of the perpetrator of the existence of errors in the understanding of the facts of the crime can not be achieved Accomplished case.The second part of the existing criminal law field can not be attempted to commit more influential doctrine to inspect and comments, to clarify the controversy by doctrine can not attempts to commit a penalty issues.The third part of the article focuses on the basis for the guilty can be fined and not attempted-" dangerous " are discussed in detail, combined with behavior worthless the results worthless Controversy full explanation of not attempted to commit "dangerous " meaning. The fourth part is impossible attempt of a recognized standard of discussion, this discussion a combination of characteristics and distinguish with other related concepts not attempted to commit. That can not Attempted Offense must comply with the four major elements:First, the behavior has begun; behavior is dangerous; behavior failed to reach Accomplished; behavior awareness error.The fifth section is guilty of the status quo can not be attempted previously discussed the content of our reflection, and advocate the basis to determine the specific dangers that our country can not be attempted guilty problems.Attempted to commit, because of the provisions of the Criminal Law of China has not directly mentioned can not repair method to blindly regulation can not be the attempted guilty but inevitably raise a big rumpus, but not attempted regulation can be done through the legal interpretation guilty problems. Analysis not attempted guilty can be fined based on, I think people should be standing behavior worthless on the basis of binary lawless theory, to determine the presence of dangerous, said the correction of specific hazardous neither purely the result of worthier theories in light longitudinal crime, nor, like subjective to say completely subjective malicious behavior incrimination, so that the basic principles of criminal law jurisprudence interpretation and reasoning with modern criminal law advocated adapt with our crime advocate legal interests the Infraction advocate close.