Unsuccessful Offender Argument (T)

Author: Zhang Mingkai
Publisher:
Publish Date: 1998-04-01
Features: The failed attempt is a challenging issue in criminal legislation, criminal theory, and criminal justice. It is neither merely a form of crime nor solely explainable by the theory of modified constitutive elements, but is directly linked to fundamental concepts of criminal law and even involves related issues in criminal policy and legal philosophy. Therefore, the opposition between objectivism and subjectivism in criminal theory is vividly reflected in the discussion of failed attempts. This book studies the failed attempt in Japanese criminal law, including the provisions on failed attempts in Japanese criminal law, the debates in criminal theory surrounding failed attempts, and the identification of failed attempts in judicial practice. The term "failed attempt" in this book refers to the broad sense of the term, which includes both obstructive failure and (aborted failure). Additionally, preparatory acts, conspiracies, and incapable acts are phenomena that should be distinguished from failed attempts and are also within the scope of this book's research.