中日刑法理论中不能犯之比较

A Comparative Study of Impossibility of Crime between China and Japan

在各国刑法理论及司法实践中,不能犯都是一个十分重要的问题。不能犯的理论丰富复杂,在实践中认定又十分困难。而各国刑法理论中不能犯的含义又有所区别,尤以中日之间的区别为典型。文章拟就中日刑法理论中不能犯的概念、类型、法律后果及根据进行比较研究,以便更好地界定理解我国刑法中的不能犯,为我国的刑事立法和司法提供参考。

Impossibility of crime is a very important problem in the criminal law theory and the jurisdiction practice of different countries. To identify impossibility of crime is very difficult in jurisdiction practice, as its theories are rich and complex. The meaning of impossibility of crime differentiates among criminal law theories of many countries, typically Japan and China. This paper makes a comparative study of the concepts, types and outcomes of law between China and Japan, with an aim to better define and explain impossibility of crime in the Chinese criminal law and to supply reference for the criminal legislation and judicature of China.