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A Study on Attempted Crime Due to Impossibility

Author: YaoLiMing
Tutor: ChenHang
School: Lanzhou University
Course: Criminal Law
Keywords: Not guilty of attempted Can be guilty of attempted Patterns of crime Penalties under
CLC: D924.1
Type: Master's thesis
Year: 2009
Downloads: 168
Quote: 0
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Abstract


Since the 19th century can not be guilty of attempted first proposed Feuerbach has been since there was a controversial topic among Zuiyufeizui, but through the legislative system of foreign penal observations and theoretical research, most of it as criminal acts and be punished. Not guilty of attempted criminal law in our traditional theory does not give too much attention has been attempted to be regarded as a crime under the generic concept, scholars have addressed only \However, one of China's social life does exist can not be guilty of attempted actual cases, on the other hand with the introduction of foreign and domestic criminal law theory of traditional theory of criminal law scholars continue to reflect, making it impossible to commit attempted gradually become scholars concerned focus. The author of China's criminal law theory, foreign and relevant overview of the theory can not be guilty of attempted as a starting point, noting that the issue can not be guilty of attempted scholars debate is how to identify the substance that is not guilty of attempted sexual sin nature and can be fined under. On this basis, the author of this article into two parts, the second and third from the definition of its components can not be guilty of attempted character and can not be guilty of attempted punishment under article discusses two aspects. Meanwhile, not guilty and not guilty of attempted relationships can not be guilty of attempted and attempted distinction is also made articles were to be explored and explained. Through the above discussion, the article pointed out that that is not guilty of attempted perpetrator has already begun to criminal behavior, but because of its knowledge of the relevant facts of the crime wrong, its behavior would not reach consummated, but the behavior is dangerous and should be subject to criminal punishment situation. It is a criminal act against the legal interests, should be criminally punished. Not guilty of attempted penalties under the act that is harmful to society, and in particular in its characteristics is that it's dangerous. But for the dangerous doctrine of judgment on the existence of different perspectives, combined with China's national conditions and the actual quality of criminal law norms, the author of the information through the judge to determine the subject judge time to determine the standard choice, advocates say the specific risk criteria. Meanwhile, the article pointed out that not guilty is not the same can not be guilty of attempted, but just can not commit and attempts to commit cross concept. The other hand, can not be guilty of attempted and committed attempted distinction is mainly reflected in both the causes and risk consummated before the arrival of the amount of size.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
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