The Study Of The Impossibility And The Attempted Offense

Impossibility theory originated in Germany, flourished in Japan, in the Anglo-American countries also have a lot of scholars, and theoretical study of traditional and not give them the attention they deserve. Impossibility theory mainly refers to the study can not make the distinction between problem and attempted offense and not the Punishment issues. The traditional theory of not only the concept of attempt to commit, that can not be guilty of a form of just attempted offense has Punishable. I think not make an independent research value, and not simply be classified under in attempted offense, the traditional theory of argument is debatable. Meanwhile, at home and abroad have been not guilty of numerous theoretical studies need to be screened to find the distinction of not guilty and attempted to commit the most reasonable way with the standard.This article commit to solve the problem of distinguishing the attempted offense and the impossibility as the core, combined with the impossibility theory to explore other related content, specifically divided into three parts. First, because it is not guilty of the birthplace of the theory of extraterritorial, China in recent years can not commit on the theory research boom is also largely influenced by the doctrine from Germany and Japan, and therefore need not be made for the theory to sort out outside; secondly, because the no specific provisions of the Penal Code can not commit, not only guilty of criminal theory concept of attempt, and the next bit of the concept of attempt to commit, and that is not guilty of attempted penalty on principle. Unlike Tong said viewpoint, I believe that can not commit itself can not punish the behavior, is called a non-punishment of not guilty, just to emphasize their non-punishment of, that does not mean there can not commit penalty. Comparative study of not guilty and not guilty of attempted concepts do not redefine our guilty; and finally, not guilty of the attempted offense distinguish the real core of the problem lies in the understanding of the risk of property, by explaining the properties and dangerous way to judge, and as an entry point to find out the distinction between guilty and not guilty of attempted manner as a standard.