| Incapability is a long-standing and controversial field in criminal law theory.Since the concept of incapability was put forward by German criminal law scholars,scholars from various countries have paid due attention to this issue.However,there are different opinions and many disputes in areas such as judgment standards,penalty basis,and scope of punishment.my country’s traditional criminal law theory does not have the concept of inability to commit a crime.It usually classifies unaccomplished circumstances as an attempted crime,and further distinguishes an attempted crime from an inability to commit an attempted crime.The article discusses the criminal responsibility that cannot be committed in a way of step-by-step advancement.Firstly,citing typical cases that cannot be committed in judicial practice,leading to the object discussed in this article—cannot committing,and defining what can’t be committed.Secondly,it discusses the criteria for determination of incapable crime,and lists the doctrines of incapable danger in accordance with the development process,and analyzes and compares them;then analyzes the criteria for determination of incapability in my country and adopts the abstract hazard theory.Due to the flaws in the abstract danger theory,there is no shortage of The theory is supported,but after a comprehensive analysis of the advantages of the abstract danger theory,it is concluded that our country should adhere to this theory.Then,it discusses the basis of the penalty for the criminal responsibility that cannot be committed.The core point of the problem of the inability to commit criminal responsibility is that the behavior is dangerous,the form of the crime cannot be committed in conformity with the amendment,and there is substantial social harm.Therefore,my country stipulates that the criminal cannot be committed.responsibility.Finally,the theoretical discussion has been raised to the height of the law.By understanding the foreign legislation on incapability,and comparing it with my country’s incapability,it is recommended to add provisions on incapability in my country’s Criminal Law,and put forward in the judicial interpretation that it is unacceptable.The standard penalty for crimes is reduced by another 10% of the sentencing recommendations to supplement my country’s legal basis for incapable criminal responsibility and better guide related incapable cases in judicial practice. |
