最後，對於現行未遂犯立法模式所形成罪刑不均衡之現象，本文將提出初步立法建議，旨在為刑法體系的完善與發展提供一定的參考價值。
This paper aims to explore the issue of punishment for attempted offenders in the crime of bodily harm within criminal law. It is widely known that the crime of bodily harm aims to protect the life and physical well-being of all individuals in society. However, unlike theft or deprivation of liberty offenses, attempted offenders are not penalized, raising concerns about gaps in protection. The root of this issue needs to be examined by delving into the nature of attempted offenses.
This paper will review the foundation for punishing attempted offenses, deeply analysing the legal basis of subjective attempts, objective attempts, and the impression theory discussed in the field of criminal law. It will critique their inadequacies, discovering that the quest for the capacity for punishment of attempted offenses is a consequence of theoretical development gone astray. Therefore, this paper aims to prove that the discussion of the potential for being punished of attempted offenses has never truly existed by examining the process of forming criminal liability and repositioning attempted offenses within the realm of punishment theory. Furthermore, it will derive from the purpose of punishment that attempted acts in the crime of bodily harm are neither innocent nor exempt from punishment but rather actions deserving of penalty.
Finally, addressing the current imbalance in the legislative model for attempted offenses, this paper will propose preliminary legislative suggestions aimed at providing a certain reference value for the improvement and development of the criminal law system.
