| In 1804, Feuerbach, a German learner who studied criminal law theory, first adopted the theory of impossibility in his works and made it on issue in the criminal law. Since then, the debate about impossibility has not been over. The theory of impossibility should become an important issue in our study of criminal law theory. However, owing to certain reasons, the researchers in China hasn't paid enough attention to such an issue. In fact impossibility has its independent value whether in criminal law theory or in the judicial practice. Especially in the classical criminal law theory, the theory of impossibility is contrary to the value of the new criminal law theory, and the theory isn't compatible with the system of the new criminal law. So it has terrible faults. So we should make clear its concept and scope, and found its theoretical system again. the scientific concept of impossibility: Impossibility includes the impossible attempt and impossibility that is unpunishible. In civillaw countries, impossible crime is not unaccomplished offense .It is just for limiting the range of unaccomplished offense. but in our country, it be longs in unaccomplished offense. The Reasons of difference lays on the different attitude for unaccomplished offense. The former is objectivism, the latter is subjectivism. The relation between unpunishible impossibility and impossible attempt is that of non-crime and crime. The mean differences between them are whether the conduct is dangerous. The dangerousness of the offender's act is subject to both common social knowledge and consistency between knowledge and fact. It should be regarded as attempted crime if acts committed by the offender is harmful, otherwise, not the crime. We should make a review of the legislation of impossibility in China and put forward the suggestions on the legislation of impossibility. |
