Revisiting Attempt and Advanced Outcome on the Basis of the Normative Theory

• Main Authors: HSU, CHIN-CHU, 許金柱
• Other Authors: TSAI, SHENG-WEI
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/pm475h

碩士 === 國立臺北大學 === 法律學系一般生組 === 107 === The problem of advanced outcome in the preparatory or unfinished stage is rarely discussed in the past domestic literature, so we can only piece together the relevant disputes from the limited context. However, if you want to see the whole picture of the topic, in addition to needing to clearly respond to what is the core concept of illegality, how to define the meaning of the criminal acts and intentional elements, and so on, such a scope of treatment will also involve the theory of crime and punishment can be, and how to explain the problem of oneness. But only by really clarifying the above doubts can we determine that the penalty imposed is rational and use this as a place to examine whether there are contradictions in its own theoretical system or need to be further amended. In order to properly solve the current predicament, this paper first from the evolution of the theory of illegality as a brief review, and try to re-establish its proper appearance, so as to be closer to the meaning of punishment, necessity and the purpose of achieving legal benefit protection. After delineating the connotation of illegality, it is followed by a discussion on the standard of attempt. In addition to examining whether the existing theory deviates from the axis of illegality, but also how to apply this standard in cases detailed instructions, hoping to realize the function of partial typology in a limited space. Finally, under the guidance of the aforementioned research basis, aiming at the issue of advanced outcome closely related to it, and combined with the views of Germany and our country's theories and judgments, and then put forward the reasonable solution in this paper.