2009Journal of Changchun Normal UniversityRequires access

Research on Impossible Crime

LI Xiao-ou

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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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What this paper is about

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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Available 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.

Key concepts: Impossibility, Legislation, Political science, Law, China, Criminology, Law and economics, Sociology

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