Qualitative Analysis And Theory Practice Of Impossibility

Only a few people in China study impossibility of offender.Many scholars incidentally mention impossibility when they study aborted crime.I think there are essential differences between impossibility and aborted crime by analyzing previous research achievements of impossibility.Impossibility arose my interest due to its value of theory practice.Impossibility and aborted crime are closely related.And the category of impossibility affects the identification of criminality.Therefore,studying impossibility has a positive meaning either in theoretical research or in practice.This paper consists of three parts.In the first chapter,we discuss fundamental issues of impossibility.First,introducing the history of impossibility.Impossibility changed from objectivism to subjectivism,then they mingled and traded with each other.Second,discussing the conception and classification of impossibility.Under analyzing many conceptions of impossibility,this is how I define impossibility: actors have criminal intent and act,but their behaviors don't trigger danger of criminal effect.Hence impossibility is not punishable.According to this conception,I think impossibility has the following features:” non-crime;it cannot constitute any crime;it doesn't have any danger of criminal effect;it is an act of impunity.Then,I categorize impossibility based on different standers,such as legal impossibility and factual impossibility?generalized impossibility and narrow impossibility ? immoral impossibility and tortious impossibility.Finally,discussing complex patterns of impossibility.Complex patterns of impossibility consist of negative crime which status or object don't comply with criminal law and some joint crimes.In the second chapter,we discuss how to identify the impunity of impossibility.First,introducing unaccomplished crime.Unaccomplished crimes are dangerous,so they should be punished.Meanwhile,impossibility should not be punished,because it has no danger and behaviors of impossibility are not criminal behaviors.Therefore,the following part is about “Act to Execute a Crime”.Finally,explaining the impunity of impossibility in economic terms.With the development of the market economy,foreseen benefits affect legislation.The first argument is that analyzing the cost and benefit of criminal legislation.Costs of criminal legislation includes cost of legislation ? cost of legislative supervision and cost of legislation enforcement.Benefits of criminal legislation includes benefit of time?benefit of policy?benefit of economy and benefit of society.Benefit of society is the main reason for punishing impossibility.Benefit of society has the embodiment of preventable value.But it's unnecessary to impose punishments on impossibility,its cost is much more than benefit.Second argument,according to the knowledge of the restraining criminal law,I conclude that it's unnecessary to impose punishments on impossibility.We can solve problems with tort law and morality.In the third chapter,we discuss the identification standard of impossibility.It involves judgments of fact?time and danger.Then I introduce identification standards of three kinds of impossibility.First,discussing status impossibility.Status impossibility means actors who lack special status that is regulated in criminal law.Second,discussing object impossibility.Actors cannot infringe objects.Even if actors infringe others again,they cannot infringe objects.Finally,discussing criminal means impossibility.These means are essentially impossible to realize their criminal intent.