A Study Of The Problem Of Can Not Commit

The theory that can not be made is a theory that distinguishes between unincorporated and attempted,and its connotation is rich,including the theory that can not be conferred,the theory of composition,the theory of punishment,and the theory of dangerous judgment.Since the concept of the law can not be made since the crime can not be made,the criminal law school on the issue of research can not make the problem of enrichment,many views are similar,there are a lot of tit for tat,can not be punished on the issue of not only different views,Legislation on the background of the provisions of the criminal law can not be punished on the issue is not the same.Can not be committed as a social phenomenon that exists in any country.China's criminal law on the law can not be without any provisions,the traditional theory of criminal law and judicial practice will not be committed as an attempted offense to deal with,that the attempted crime can not be attempted and can not commit attempted,can not commit is not committed,should be attempted Criminal punishment.This is not the right to distinguish between attempted and committed crimes,and the loss of human rights protection in criminal law.There is a lot of distinctions that can not be committed and attempted,such as conceptual,constitutive elements,but these distinctions can not be distinguished from the point of view that they can not be committed and attempted to make the same and attempted accomplishment The situation is committed.Can not be committed as the concept of German and Japanese criminal law theory,China does not correspond to the corresponding term,the introduction of Germany and Japan can not commit the theory of theory,the face of our "four elements" crime can not match the situation,whether the traditional " Elements " constitute a system of crime transformation,is placed in front of our scholars a problem.Can not be committed to the law does not protect the legal protection of the law of the risk of infringement of the law,the risk of infringement of the existence of legal interests can not be committed and attempted to commit the substantive standards,dangerous judgment theory is the whole can not be the most important part of the theory,In the theory of dangerous judgments,the specific danger is that it is more scientific and operational theory.When we can not make the theory in our country,we should solve the existing problems in our country,clarify theconcept of related nouns,introduce the legal control mechanism,and make clear from the legislation Can not commit the line with the attempted offense.