Research About Impossible Attempt

German criminal law scholar Lester said,there is no crime without punishment,according to this we can see,the crime is a prerequisite for punishment.The main features of crime is that the criminal violates the provisions of the criminal law.However,the result of no value and the act of no value is not only the basis of the two violations of the theory of relativity,the theory of criminal law has always been the school of contention.Therefore,punishment impossibility has become the main battlefield of the objectivism and subjectivism is also related to the controversy of the basic trend of the theory of criminal law,and so,cannot make the problem is small,but significant.The relationship between the impossibility and the attempted offense is very close.Therefore,it is necessary to differentiate the basic meaning of the impossible attempt before the comparison of various theories.However,the concept of discrimination,it is necessary to make a distinction between it and the attempted offense,superstition and other related terms.All in all,the nature of impossibility is roughly divided into two categories,or dependent attempted offense,or independent attempted offense.At the same time,a problem that is easy to be ignored is that there is a lack of reality in the three countries of the crime.However,in our country under the background of the four requisites to constitute a crime,whether it has independent existence value,dubious.The choice of the basis for the punishment of the attempted crime will directly affect the quality of the impossibility of crime.The former considers that the basis of the attempted punishment is subjective malignant,and the subjective judgment is more concerned with the subjective judgment.On the contrary,the latter considers that the basis of the attempted punishment is the objective harm,and the objective content is more important in the illegal judgment.