Legislative Choices That China's Criminal Law Non-accomplishment Crime

In the theoretical system of criminal law,non-accomplishment crimes is an extremely confusing problem that may directly affect life and death.Non-accomplishment crime can be regarded as a form of action that cannot realize the result of the crime.Its legal requirements generally include the results and behaviors that cannot produce a crime.There are two aspects of the fact that the act does not have the possibility of realizing the result of the crime.The legal effect is to reduce or eliminate the punishment.Each country considers whether or not it is punishable by penalizing it from the point of view of a modified criminal constitutional model in theory.China's continental criminal law can't commit itself to a long period of blank legal situation.In the early years,the abstract danger theory adopted by the theoretical general theory was criticized by the academic circles,and the practice opinion and theoretical research were separated from each other.At the same time,China's criminal law in Taiwan has made four reversions and two amendments.Until the new amendments to the law in 2005,the provisions that non-accomplishment crimes were revised to read: "Behaviour cannot occur as a result of a crime,and there is no danger,no penalty",and the theoretical basis for incompatibility is defined as objective theory.All countries consider whether the crime of imprisonment can be punished in theory in terms of the criminal constitutive model of amendment.There are two major camps: subjective attempted theory and objective unfulfilled theory.In the current mainstream doctrine,the abstract danger theory,the specific danger theory,the revised objective danger theory,and the impression theory have been adopted.Because the concept of law in the theory of criminal law varies from country to country,there is even a question of conflation that non-accomplishment crime with other similar crime concepts.Judging from the perspective of judicial theory or practice,China's mainland criminal law needs to solve as soon as possible the problem of non-compliance with legal regulations and practical confusion.By drawing lessons from the fact that China's criminal law in Taiwan cannot be amended by law,in addition to considering the role of criminal law in punishing the law of criminal protection,more consideration should be given to ensuring the guidance of the nature of the conduct in the event that the outcome of the crime cannot be objectively produced.From the perspective of objectivism,the criminal conviction model analyzes the nature and scope of incommunicable acts,pays attention to clarifying the range of incriminating convictions and the reasons for the difference in the legal effects of incriminating,and proposes the legislative choices that non-accomplishment crime in China.