| 英文摘要 |
This paper explores the difficult problems of the “initiate a crime theory” of criminal law. On the attempt to proceed, the theory is subject to the theory of subjective theory and objective theory of the two camps dispute, this difficult problem is rooted in Germany in the 19th century legislation history. In this paper, the German criminal code for the attempt of the history of the legal system, through the historical context can be drawn to the development of standards in fact and attempted to commit penalties based on the relevant, both can be described as a high degree of mutual relationship. Then, this article will be analyzed in Germany after the promulgation of the new criminal code in 1975, scholars for the interpretation of the provisions of the article, in order to understand the other doctrine and practice, for the start of the high degree of divergence, I am afraid we are not happy to see. Then, this article will return to Taiwan’s criminal law Article 25 of he provisions of the above, the scholars of the article is to take the objective theory of attempted or subjective attempt to have some dispute, this article will point out that although the legislative evolution, Taiwan is inherited Article 43 of the old German criminal law, but by the meaning of justice and objective teleological interpretation of view, does not seem to exclude the subjective theory as the core of the interpretation of the possibility. Based on this, this paper will put forward the views on the point of view, to reflect on the practice of some of the types of cases (to commit crimes and attempted theft as a demonstration). |
