Research on Impossible Crime
LI Xiao-ou
Abstract
LI Xiao-ou
Abstract
The lack of definite provision about the impossibility of crime in our criminal legislation has brought many disputes to judicial practice;therefore,the human right can not be protected perfectly.Through analyzing the implication,essence and existing shortcomings of impossible crime in our criminal theory,we can obtain the reasonable concept of impossible crime of China,that is,impossible crime would not certainly constitute a crime,but can be divided into two categories:punishable impossibility and non criminal impossibility.
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The lack of definite provision about the impossibility of crime in our criminal legislation has brought many disputes to judicial practice;therefore,the human right can not be protected perfectly.Through analyzing the implication,essence and existing shortcomings of impossible crime in our criminal theory,we can obtain the reasonable concept of impossible crime of China,that is,impossible crime would not certainly constitute a crime,but can be divided into two categories:punishable impossibility and non criminal impossibility.
Key concepts: Impossibility, Legislation, Political science, Law, China, Criminology, Law and economics, Sociology