On Not Guilty

This paper expounds and analyzes the continental law system representative ofGermany， Japan and France can’t make the theory and the Anglo-American law systemon behalf of the United Kingdom， the United States cannot commit the similarities anddifferences between theory and the theory of our country cannot commit. In cannotcommit belong to can be fined or an unpredictable punishment of crimes of issue， thescholars point of view it is difficult to unity. Look up the root of the original mainly indefined cannot commit different and adhere to the basic position of criminal law， theunderstanding of the nature of the law is different.In continental law system countries were studied， especially the Japanese scholarof criminal law to cannot commit and its theory is discussed， and from the source layerupon layer analysis of the numerous and complicated and contradictory reasons cannotcommit doctrine， and subjectivism and regulating the behavior of violation of said，the shortage of the theory of value， through the analysis of the criminal law in ourcountry， after China’s newly revised criminal law， theory of cannot commit tend toobjectivism theory， and said that there are different opinions. As the two leadingtheories， theory of the criminal law today is both objectivism and subjectivism，modern criminal legislation in all affected by these two points of view， however， inmy opinion， both objectivism and subjectivism is not alone as the basis of criminalresponsibility， shall adhere to the unity of subjective and objective point of view，impartial judgment cannot make final standard， provides some help for criminallegislation.