未遂犯与不能犯界限研究

On the Difference Between Attempt and Impossibility of Crime

本文站在客观未遂论的立场对未遂犯与不能犯的内涵进行了界定,在评析诸说的基础上,提出了未遂犯与不能犯界限的新观点——"构成要件符合说"。

The problem of the difference between attempt and impossibility of crime has aroused an endless debate in the academic field in China and abroad, the critical point of which is the determination of ＂the danger of infringing the interest in law＂. This paper gives the definitions of attempt and impossibility of crime in the objective stand of attempt, and, on analyzing and appraising several doctrines that have been raised before, raises a new doctrine on the difference between attempt and impossibility of crime, namely the doctrine of ＂accordance with the constitution of crime＂.