在不能犯危险的认定标准上,主要存在抽象危险说、具体危险说等学说。抽象危险说从行为者的意思的危险中寻找未遂犯的可罚性根据。抽象危险说过于注重行为者的主观意思之危险性,没有跳出主观主义的窠臼,难以令人信服。具体危险说以一般人及行为者所能认识到的情况为基础,从一般人立场判断具有结果发生的可能性时肯定未遂犯的成立,没有可能性时则肯定成立不能犯,兼顾了主客观两个方面,符合主客观相统一的刑法原则。 There are mainly abstract dangers on the basis of the criteria for not being able to commit a crime, the doctrines of specific dangers and so on. Abstract Danger says finding the culpability of an attempted offense from the peril of the perpetrator’s meaning. Abstract Danger It is hard to be convincing to say that placing too much emphasis on the peril of subjective beliefs of actors does not jump out of the stereotype of subjectivism. The specific danger that the average person and the behavior can be recognized as the basis for judging from the general public position with the possibility of the outcome of the trial confirmed the establishment of the attempted offense, there is no possibility to set up can not be committed, taking both the subjective and objective Respect, in line with the principle of the criminal law of the unity of subjectivity and objectivity.