结合外国刑法学关于不能犯的理论,论述了可罚的未遂犯与不可罚的不能犯的区别及判断方法。
The paper also probes into the foreign impossibility theory and puts forward some advice on how to differentiate the two kinds of impossibility.
贩卖毒品罪除了不能犯的未遂外,行为犯的未遂只能存在着手未遂的情况。
Except for the attempted crime of traffic in drugs that cannot be offend, the attempted act offence is just in the situation of the attempt that is being accomplished.
不能犯与普通未遂的区别在于有无侵害法益的现实危险。
The difference between the attempted crime and the incapable crime is how to think of the danger.
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