The Proof Of Normative Danger Theory In The Danger Judgement Of Impossible Attempts

Since the German scholar Feuerbach proposed the theory of impossible attempts,foreign research on it has never stopped.In order to solve the problems in the theory of criminal law,many doctrines have been developed.Although the research on impossibility of crime in China started late,the research on this theory in China has never stopped,especially when learning from foreign countries,combined with China’s national conditions,with fruitful results.However,due to the defects of the theory itself and the particularity of China’s legal social environment,it is hard to please all.On the one hand,the research on the impossible attempts in our country which is regarded as an attempted crime started late and still stays at the theoretical level.And in the judicial application,because of the lack of legal basis,it is unified as an attempted treatment,which is more operable and less controversial from the perspective of the judiciary.On the other hand,to a certain extent,based on the different perspectives of impossible attempts,it reflects the dispute between subjectivism and objectivism in criminal law,the debate over the valueless behavior and the valueless result.The theory of impossible attempts advocated by scholars is reasonable,but there are inevitably limitations.According to China’s social status and criminal law system,this paper holds that impossible attempts and attempted crime are different crime forms,and impossible attempts is not a special type of attempted crime.In view of this,this paper advocates the theory of normative danger to deal with the problems in impossible attempts cases.The article consists of introduction,main body and conclusion.In the introduction part,it mainly introduces the research background and significance,methods and ideas,and puts forward the problems faced by the theory of risk judgement of Impossible Attempts.The main body is divided into three chapters.Firstly,it reflects on the problems brought by the application of the theory of impossible attempts to judicial practice.Afterwards,we reflect on the theory of impossible attempts.The advantages and disadvantages of each theory of impossible attempts are analyzed and compared.Based on the difference between the past and the future,this paper puts forward the idea of normative danger.Then it puts forward the theory of normative danger.The theory of normative danger redefines the concept of danger.The connotation of the concept of danger is analyzed from the perspective of facts and norms,which is pointed out that the concept of normative danger should be based on the constituent elements.The next part shows the content.In the judgment structure,we adopt the concept of "normative possibility of domination of legal interest",which is divided into three levels.After that,the rationality of the theory is supported by the theory of criminal law,which includes the principle of modesty and restraint,the principle of unity of subjective and objective,the type of thinking,and the criminal policy of Combining Leniency with strictness.Finally,this paper focuses on the advantages of normative danger theory.This part is divided into two sections to introduce the theoretical and practical advantages.Through the comparison with other theories,it expounds the scientificity and rationality of the normative danger theory.Under the guidance of typification,the impossible attempts cases are distinguished,and using the normative danger theory to demonstrate and test them,proving its operability and effectiveness.This paper hopes that with the help of the normative danger theory,we can provide a way of thinking for the theoretical and practical predicament of the impossible attemptss.Facing the impossible attempts cases,we can solve them better.In the conclusion part,on the basis of summarizing the whole paper,the author makes a simple survey of normative danger theory,pointing out that normative danger theory is only a theory of judging danger in the field of impossibility of crime,and whether its concept of danger can be widely used in other fields of criminal law theory remains to be further studied.