Can Not Be Guilty Of Basic Research

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, let alone studied it thoroughly. 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. On the basis, the author analyses, he problems in the classical theory of impossibility and compares the concepts between Chinese criminal law theory and the foreign theory. After that, the author makes a clear and scientific concept on impossibility, in our criminal law theory and studies its features. Then the author studies the type of impossibility, especially the differences between impossibility and relative concepts. Finally, the author makes a review of the punishment of impossibility in legislation in the foreign countries, and the faults of our legislation. Furthermore, the author makes some suggestions to improve the legislation and judicial practice of impossibility.Besides the introduction, the paper is composed of five parts:Part I: the comparison of the theory and legislation of impossibility.In the part, the author studies the theory and legislation of impossibility in continental law system and Angle-American law system by comparison, especially those in our country. In this part, the problems in legislation and the necessity of founding the theory of impossibility again are pointed out.Part II: the concept and features of impossibility.In this part, the author studies the concepts of impossibility in western countries and that in our country on the basis the author makes an analysis and points out the scientific concept of impossibility: Impossibility includes the impossible attempt and impossibility that is unpunishable. The author makes out their meaning and sums up the relation between them. Finally the author expounds the features of them.Part III: the type of impossibility.There is not an agreement on the category of impossibility in the foreign theoretical circle. In ourtheoretical circle, there are different opinions between means impossibility or tool impossibility and object impossibility or target impossibility. The author believes that impossibility in our country should include two types: means impossibility and object impossibility.Part IV: Judging impossibility.The part is very important in the paper: The relation between unpunishible impossibility and impossible attempt is that of non-crime and crime. So it is significant to differentiate them. The mean differences between them are whether the conduct is dangerous. And so judging danger is very important. There are various doctrines on the issue. The author finds the problems and the values behind them by comparison and analyses. On the basis, the author puts forward his suggestion, considering the conditions and values in our country. Then the author differentiates impossibility and superstition, hallucination, factual deficiency.Part V: the punishment of impossibility.The author first introduces the punishment of impossibility in the world, then makes a review of the legislation of impossibility in China and puts forward the suggestions on the legislation of impossibility.