Study On Issues With The Impossible Crime

As the writer emphasize, the study on impossible crime is of great importance both in criminal law theory and practice. However, China's criminal law has not recognized the academic importance of the issue for a long time, which leads to the superficiality and absurdity of the study on impossible crime in the country. The paper, based on the analysis around several essential problems of impossible crime, points out that impossible crime shoule be sorted into two angles--unpunishible impossibility and impossible attempt according as a general people is aware of the danger of the conduct or not thus, we can redefine the concept of impossible crime. This paper is divided into five parts:Part I: The concept of impossible crime. In this part, it is first addressed the hypothesis on how to define impossible crime--why impossible crime is called. There are various appellations of impossible crime, espellially in other countries, like imossible attemp of crime, impossible attemp, impossible crime, and the variety in most occasion represents the different sense taken by scholars. The writer try to take a generalised sense to classify impossible crime. That is why the writer never put attemp in the concept, just impossible crime. On this basis, several views on the concept of impossible crime are introduced. The views are more or less defective, for example, the major view can not explain why supertitious crime is inpunishable, on the basis of analysis towards these views, the writer tries to give some comments on these views, and draw out her own concept. In this sense, the impossible crime is the circumstance that with guity mind, those who carry out certain conduct to get criminal purpose, fail to make any criminal result due to their wrong cognition. Moreover, the circumstance with danger is subject to impossible attempt under the punishiment of attempt, the other circumstance is subject to unpunishible impossibility, which is not crime.Part II: The features of impossible crime. In this part, concise introduction will be given to the main views on the features of impossible crime. In accordance with the concept of impossible crime in the first part, its feature is to be illustrated in four angles: the guilty mind in subjective aspects, the certain conduct in objective aspects, the impossibility of accomplishing crime, the wrong cognition of some facts. The main purpose of laying guilty mind as the feature of impossible crime, is to certify the subjective status, also, which can contain supertitious crime as a part of impossible crime ( they all have guilty mind). The objective conduct is not only included the conduct-of-crime, but also others aiming at the purpose of crimie. Moreover, the former remains the problem of the enforcing-time, about this, the principle of subjective accordance with objective is the key, which means once the conduct is enforced with guilty mind and is subject to the consitution of concrete crime, then the enforcing-time begins. The accomplishment impossility of the conduct is the essential feature of impossible crime. Here impossility means it is totally impossiple to accomplish crime because their wong cognition on some facts.Part III: Varieties of impossible crime. In this part, the writer introduces some important categories of impossible crime in domestic and foreign theorists, including absolute and relative impossible crime, legal and de-facto impossible crime, impossible attempt and unpunishible impossibility, impossible crime on means and impossible crime on object. After analysis, i consider that the there is not a definite standard of the categories of absolute and relative impossible crime and legal and de-facto impossible crime. Therefore several categories were carried out from this assessment, including of the categories of absolute and relative impossible crime, legal and de-facto impossible crime. The other two categories are adopted.Part IV: The relationship between impossible crime and other concepts. In this part, three comcepts--illusive crime, supertitious crime, factual lack--and their features, and the relationship between these three and impossible crime will be explained. In conclusion, the illusive crime is subject to domain of legally wong cognition, even it is similar to the unpunishible impossibility; it is not subject to the domain of impossible crime. Moreover, upertitious crime, actually, is subject to the unpunishible impossibility. Last, factual lack is not suitable to the theoritical system of the country, because there is a portion overlap between factual lack and impossible crime. So the existing theory, including the theory of impossible crime can be applied.Part V: The identification of danger in impossible crime. In this part, the author emphasized the important function of judging of danger the in qualitative of impossible crime, it is the basis for punishment of impossible attempt of impossible crime that it is dangerous or not, and the standard for distinguishing the punishible impossibility and unpunishible impossibility of impossible crime. The author firstly define the criteria for judgement of danger, this standard consists of three aspects: the information of judging of danger, the angle of judging of danger and the time point of judging of danger. On the question of the information of judging of danger, the facts that the actor has recognized particularly and simpletons can be recognized should be considered. On the question of the angle of judging of danger, it should be from the social point of view. The time point of danger should be justified at the point of enfocing. If at the point of result, every attemp of crime will be impossible crime, because in the process of enfocing conduct, any appearance of obstacle give a chance to the failure of accomplishing crime if justified at the point of result, on this basis, the writer introduce several theory of judgement of danger, through specific analysis conclude that the theory of specific danger is the most reasonable theory for judging whether there exists danger. At last, the author specifically applies the theory of specific danger to the identification of impossible crime.