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世界各国关于不能犯的理论研究纷繁复杂,本文在简单考察各国立法和初步研究相关理论之下,产生了若干思考,就不能犯的概念提出个人见解,并简要归纳评析了各种不能未遂犯的危险判断标准,最后结合我国相关理论提出新的危险判断标准,以求有助于司法实践认定,并窥得不能犯理论的冰山一角。
There are numerous theoretical studies on the impossibility of committing crimes in various countries in the world. This paper, after simply examining the relevant theories of national legislation and preliminary research, has produced some thoughts and put forward personal opinions on the concepts of impossibility and briefly summarized the various attempts that can not be attempted At the end of the article, we put forward a new criterion for judging the danger according to the relevant theory of our country, in order to contribute to the judicial practice and to glimpse the tip of the iceberg that can not make theory.