Research On Recognition And Punishiability Of Impossibility

The concept of impossibility has a long history,and discussion on impossibility has never come an end.The main points of impossibility are:what kind of behavior belongs to impossibility,whether it is not possible to make an independent or subordinate relationship between impossibility and a criminal attempt,and why it should be punished or not.The answers to the above questions reflect different views on behavior theory,crime theory,and penalty theory in criminal law.They show debates between handlungsunwert and erfolgsunwert.They also reflect the wrestle of subjective criminal law and objective criminal law.The purpose of this article is to establish the identification criteria that can be committed to distinguish from superstitious crimes,crimes that are seriously ignorant and fantasy crimes,and to lay the groundwork for discussing the punishment of impossibility.This article advocates that impossibility should be studied from the perspective of behavior theory,and advocates the application of purpose behavior theory in the research.This article attempts to describe the facts of impossibility from the neutral and objective point of view,based on data and common sense experience,and gives realistic concepts of impossibility and make factual judgments.And then,based on the normative significance of criminal law and the task of our country's criminal law,we should make a value judgment to see whether it is punishable or not.The factual conclusion is that impossibility means that the perpetrator's subjective crime plan is possible to achieve goals,but fails eventually because of failure on items rather than other people's preventing.The main content is divided into the following three parts.The first part: The proposal of the question,that is,explaining the necessity of studying impossibility has its theoretical and practical basis.The second part: after collecting and comparing previous researches to elaborate on the legislative situation,the concept's difference,the theoretical doctrine on types and dangers of impossibility,this article points out the blind spots of research.The third part: the root cause of the controversy on impossibility lies in the lack of research on behavior,explaining the purpose behavior theory is competent to explaining impossibility's behavior,and suggesting that the purpose behavior theory should be used as a basis to reconstruct the impossibility theory,thus studying the definition,danger and punishment of impossibility.