Research On The Theory Of Impossible Crime

Impossible crime since German Feuerbach was first proposed, can not commit for foreign research and debate has not stopped, but the country has been unable to give enough attention to the traditional theory of criminal law on this issue rarely argue, simply it as a type of attempted crime, and for crimes process. China's current Criminal Law has been no clear provision on impossibility of judicial practice in cases involving not make problems, often because of different judges for the same or similar cases that a different judge the results. In fact, both the theory of criminal law and judicial practice, has not made its own independent existence. In recent years, our country gradually began to focus on criminal law can not be made, a large number of scholars of the traditional theory of deep reflection and study, that the traditional criminal law theory and reality can not be guilty of criminal law value orientation deviates too concerned about the subjective, failed to consider legal interest objective violations, but also with the criminal law system, lack of coordination, and many places are not perfect. But various scholars from different theoretical origins, criminal law basic positions and values, China's criminal law can not be made for thinking also has not formed a unified theory and perspectives. But whether it is the development of the theory of criminal law, or our criminal justice practice requirements, there needed to be in-depth study of not guilty. In view of this, we intend to start with the concept of impossibility to start, in the comparative analysis of Germany and Japan, under the situation of not guilty concept, based on the concept of not guilty to sort out the debate on the concept of the present paper were not made to redefine that can not be guilty of criminal behavior Desire to achieve its intent to implement certain behavior, but because of the fact that awareness of the risk of error is impossible without having a sexual situation can be fined. The paper then describes the impossibility of our country in all aspects of a situation, a clear and specific problems of real. And not guilty of attempted offense as well as the type of history expounded further understanding can not make contact with the attempted offense. Then focus on the impossibility of distinguishing attempted offense doctrine and theory behind the dispute, drawn both criteria, and finally with China's social reality, and the reality is further proof of the consistency criterion of our society of this paper.The first is the introduction, describes the importance of research and writing can not commit the purpose of this paper.The first part discusses the concept and types can not be committed. To further define the principal can not commit connotation and denotation. Not make clear the importance of the concept, and the concept will not only make clear, and could contribute to other problems can not be guilty of the study.The first part substantially from the legislative, judicial, discusses the theoretical level of our country can not be made in a realistic situation, indicating impossibility in our judicial practice and theoretical study is not a crime of attempted so simple, actually there are many problems.The third part focuses on the impossibility of distinguishing attempted offense doctrine. The first part discusses the historical link with the attempted offense is not committed, I want to discuss this part of the source of controversy and clearly not guilty of attempted offense, to further clarify the distinction between the two do some groundwork. The author can not make many foreign doctrine assessment, that the essence of many different doctrines of contention lies in its criminal law the basic position and basic theory.The fourth part discusses the theory can not make all the controversy related to the basic theory, the analysis results can not be judged guilty and that is not guilty of attempted distinction is whether the conduct is dangerous, how to determine the risk to become a top priority. The author in the context of arguments the criminal law nature of the criminal nature of other basic theory analysis:various facts presence acts as the basis for determining time, from most people's understanding as a benchmark to judge the danger of the behavior is the most appropriate.Fifth part of the environment, history, tradition and preventive mechanism penalty law, further confirmed the impossibility recognized standards and our social reality fit. Finally, an analysis of specific cases that criterion method specific.