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Can't Make Problem Research

Posted on:2020-11-04Degree:MasterType:Thesis
Country:ChinaCandidate:C L YinFull Text:PDF
GTID:2436330572974295Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The theory of impossibility was first established by Feuerbach,a German criminal law scholar,in order to define the boundaries between attempted crime and impossibility and to exclude non-dangerous acts from the criminal circle.There is a distinction between impossibility of punishment and non criminal impossibility.The doctrine of impossibility of crime is the criterion to distinguish attempted crime from impossibility,that is,the criterion of crime and non-crime,which roughly includes three kinds: objective theory,subjective theory and compromise theory.The core content of the doctrine of non-crime is to judge whether the act is dangerous or not,so as to determine whether it is guilty or not."Danger" can be divided into "danger of the actor" and "danger of the act(in a broad sense);and the latter can be divided into" danger of the act(in a narrow sense)and "danger of the result".The nature of "danger" is determined by judging data,judging time point and judging benchmark.There are no direct legislative provisions on impossibility in our country,but generally speaking,it is considered that impossibility is one of the types of attempted crime and is punishable.Chinese scholars believe that China's general theory is essentially equivalent to the abstract theory of danger,and there are many shortcomings.We should choose other doctrines that can not be violated.There are mainly disputes between the concrete theory of danger,the revised theory of objective danger and the impression theory.However,from the current criminal law theory and judicial practice in China,the abstract danger theory should be a more reasonable theory that our country continues to adhere to and can be applied in judicial practice.
Keywords/Search Tags:Impossible crime, Attempted crime, Abstract danger theory, On the Illegality of Dual Man, Modern Theory of Subjective Attempt, Punishable impossibility
PDF Full Text Request
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