The Study Of Non-accomplishment Crime

Non-accomplishment crime is a theory that whether the actor constitutes a crime or not and whether they should be punished by criminal theory or not.With the theory and practice deepening of criminal law,the theory of Non-accomplishment crime continues to enrich,and various theories are constantly created and revised by scholars.Non-accomplishment crime means that people can not reach the situation of accomplished offense because of lacking subjective and objective conditions.The core problem of research is the penalty of Non-accomplishment crime,that is to say,the judgment of danger.But different countries have different attitude.In order to cope with it.our country should attach importance to the theory,so as to have a better protection of the legal interests.For this problem,this paper aims to study the relevant theories of impossible crime.It can enrich the theory,and provides legal principle support for judicial practice.Specifically,it will be discussed in the following four parts:The first part: the summary of Non-accomplishment crime.This part focuses on the basic concept of Non-accomplishment crime and defines the concept of it.And introduces the classification of Non-accomplishment crime in theory and the relationship between Nonaccomplishment crime and other related concepts.The second part: the theory development of Non-accomplishment crime.This part studies the theory development of Non-accomplishment crime in various countries of the world.It mainly focuses on the theory of Non-accomplishment crime in Chinese and foreign,explores the similarities and differences.The third part: the danger judgment of the Non-accomplishment crime.This part defines the concept of danger,and reasonably analyzes the risk of Non-accomplishment crime on this account.Then,the method of danger judgment is introduced from three aspects.we should take a standpoint on the danger judgment of Non-accomplishment crime.The fourth part: the legislative perfection of Non-accomplishment crime classifies the legislation of Non-accomplishment crime and summarizes legislative models.Then it analyzes the current legislation situation in Chinese,and puts forward some suggestions to perfect the legislation.