Study On The Impossible Crime

The impossible offense, as a type of punishable unaccomplished offense, exists in Chinese traditional theory. Meanwhile there is no related regulation about it in Chinese Collection of Criminal Laws. The impossible offense is only a pure theoretical issue. However, in real jurisdiction practices, the actors cannot reach their aims because of the wrong tools, methods or objectives. It is an inevitable problem on how to accurately judge the crime and better stand for the spirit and value tendency of criminal law legislation.The article is divided into four parts, about 43,000 words. It tries to discuss the theory and legislation about impossible crime in foreign countries, analyze the present situation in China, and do some helpful promotion in perfecting Chinese theory and legislation about it.The first part is about the general introduction to impossible crime. It introduces its origins, analyzes its theoretical development situation in different countries around the world, and discusses the study achievements and defects in this field.The second part is about the concept and characteristics. It shows the most important contents of this article. Firstly, based on the analysis of different concepts in different countries, the author points out that the differences between them are due to their different understandings and various social backgrounds. Secondly, the author puts forward his concept on impossible crime. Thirdly, he lays out three characteristics, and then gives deep and detailed analysis about it.The third part is about the principles of punishment. This part first analyzes its nature and punishment principles, and then raises the punishment bases, social endangering and action endangering. Social endangering is the basic cause for punishing impossible crime. Different understanding about the endangering of impossible crime leads to different legislation and punishment in different countries.