Research On Aggravated Consequential Offence

Generally speaking,aggravated consequential offence is usually viewed as a special form of one crime by researchers.Due to its complexity,the research of aggravated consequential offence involves crime constitution theory,crime pattern theory,criminal liability theory,causality theory and so on.Therefore,the research on the aggravated consequential offence from multi-perspective is important for criminal legislation perfection of aggravated consequential offence,judicial practice guidance and the aggravated consequential offence determination and punishment.This article is divided into an introduction and the following four parts.Chapter one discusses the concept,characteristics,composition,origin,theory development,reason of the essence,criminal liability foundation of aggravated consequential offence.Aggravated consequential offence means that the perpetrator has committed the act of harnessing the elements of a basic crime,but has caused some aggravating result beyond the requirement.The criminal law stipulates that the law is aggravated,which belongs to the one crime in criminal law.For the extension of the aggravated consequence,there are broad sense theory,narrow sense theory and restriction theory.From the perspective of criminal legislation in our country,aggravated consequential offence includes three types: a)intentional + intentional,b)intentional + negligence and c)negligence + intentional.Negligence + negligence does not belong to the aggravated consequential offence.For the characteristics of aggravated consequential offence,it is necessary to clarify the particularity of the constituent elements,and the intentional or negligent mentality of the perpetrator toaggravate the result.In fact,the value of the law against the emotional attitude of the perpetrator to aggravate the result,that is to say,the specific inner tendency of the perpetrator to aggravate the result of the basic offense,rather than the intentional or negligence of the subjective aspect of the offense in which the result is aggravated.The determination of the subjective aspects of the crime in the constituent elements still requires the use of basic offenses.At the same time,the aggravated result has a specific form,the aggravated result can only be tangible,quantifiable material damage,but not invisible,non-quantifiable mental damage,and the aggravated result must be clear in criminal law.aggravated consequential offence includes basic crimes,aggravating the results and causality.The basic offense can be a result of a crime,a guilty or an act committed,or a crime of intentional crime or negligence.The essence of aggravating the result is that the scope of the basic sin is beyond the scope of the basic crime.At the same time,the perpetrator must have both subjective attributable and objective attribution to the aggravated outcome.In the subjective sense of responsibility,the perpetrator for the increase in the results can be intentional,but also out of fault;in the objective attribution,according to the causal relationship theory,which means that basic crime and aggravated the results of the internal,And the relationship that is caused.Aggravated consequential offence originates from the self-confinement principle in church law.The criminal responsibility of the aggravated consequential offence has gone through a long theoretical development and experienced a change from responsibility to responsibility.The significance of aggravated consequential offence is both substantive and procedural.Substantive law reasons include the results of aggravated offenders in the structure and imagination of competing rebates are different;the results of aggravated offenders should be regarded as an independent type of crime;the results aggravated aggravated legal punishment in line with the principle of equal application of criminal law;the penalty is equal to the principle of crime and punishment;the result is aggravated by the clean up the mess value;the provisions of the aggravated offense can strengthen the criminal law prevention function.Procedural reasons include subjective elements toprove the tendency of the objective;to reduce the burden of proof and the choice of the use of certain rules.There are four theories about the nature of aggravated consequential offence.The single morphological theory suggests that the aggravated offense is a legal type of special offense,but the value and meaning between the basic and the aggravated result are given by legislation.Aggravated consequence is not a separate meaning,the result of aggravated offense is only a single form,aggravated consequence is only the basic crime of aggravating the punishment situation,will aggravate the result as a basis for the punishment,and exclude the subjective attitude of the actor to aggravated consequence.This theory suggests that there is no causal relationship between basic behavior and aggravated outcomes.This is the embodiment of the responsibility of the results,contrary to the principle of modern criminal law.The compound form theory holds that the essence of the aggravated offense is a combination of guilty crimes,which is the combination of intentional basic sin and exaggerated aggravated crime.The theory of compound morphology holds that the behavior of the actor must be subjective and reproducible.The principle of attribution is closer to the principle of liability,which limits the establishment of the aggravated offense.The combination of the boundaries of the crime and the perpetrators for the results must be added to the fault,which violates the theory and practice of criminal law.The theory of risk argues that the essence of the aggravated offense is the basic offense which contains a significant risk of causing the result to be aggravated.The theory of risk absorbs the single morphological theory as a part of the special type of crime stipulated by the legislation,and also draws on the part of the compound form theory that requires the actor to have subjective attributable to the aggravated result.However,this theory does not mention the subjective aspect of the perpetrator,and it still belongs to the theoretical category of the responsibility of the result.In the practice operation,it is easy to lead to the excessive restriction of the aggravated offense.Only the theory of risk is closed to the result of aggravating the essence of the doctrine,when the basiccrime itself has inherently caused by the high risk of aggravating the results,and the subjective subjective emphasis on the resulting.The burden of criminal responsibility must have a corresponding basis,the results of aggravated perpetrators in aggravating the consequences of increased criminal responsibility also need to have a corresponding basis.The result of the criminal responsibility of the aggravated offense has undergone a change in the responsibility of the result to the meaning of responsibility.The basis of the criminal responsibility of the perpetrator can be divided into subjective and objective basis.The result of aggravating the subjective basis of criminal responsibility refers to the possibility that may lead to the increase of the result of the basic crime.The objective basis of aggravating criminal responsibility is that the actor will aggravate the result.Refer to the criminal responsibility of the necessary elements: basic criminal behavior,increase the results and the causal relationship between them.Criminal law on the consequences of aggravating the responsibility of the responsibility to require its subjective and objective basis.Otherwise,the perpetrators do not need to be responsible for the increase,only the basic crime Criminal consequences bear criminal responsibility.If the perpetrator has no intention or no fault on the subjective result,or if the aggravated result does not occur due to the intervention of a factor,the perpetrator can not bear the criminal responsibility of the aggravated result.Chapter two discusses the concepts of aggravated consequential offence,aggravated circumstance offence,aggravated amount offence and transformed offence,further clarifies the connotation and extension of aggravated consequential offence.Aggravated consequential offence is an important type of crime in our criminal law,which means that the perpetrator has committed the crime of aggravating penalty when the specific criminal act is carried out.The characteristics of the aggravated offense include the aggravating circumstances in which the content and form may be unspecified.In terms of aggravating the circumstances of the plot,the legislator maynot specify which circumstances are aggravating the circumstances and are usually not easily recognized by the average person.It is necessary to use the practical experience of the judiciary to carry out the value evaluation;increase the statutory punishment in the application of the statutory;aggravating the plot and the basic criminal behavior does not have a causal relationship.aggravated consequential offence is based on the establishment of the basic offense,due to the emergence of the criminal law is worth focusing on the aggravating circumstances and applied to increase the statutory penalty.Chinese criminal law provides for the aggravated offense,a total of 141 articles,involving 190 charges.Aggravating the plot and aggravating the results in the specific form of the difference: the result is a single,static indicators,with specificity and closeness,criminal law has clearly defined the aggravated result of the results of aggravated form,and different results aggravated the specific form The same is true,some for serious injuries and death,and some only include death,the judge only need to control the application can be,without the need for additional value judgments;and aggravating the plot is an open statement,either a single indicator such as primary molecular,it can be a comprehensive indicator such as serious circumstances,the plot is particularly serious and so on,and the aggravated circumstances are roughly the same.The aggravating plot and the aggravating result are also different in the attribute of the composition of the crime: the aggravating result must have objective attribute,do not have the subjective attribute,the emotional attitude of the actor to aggravate the result is not the attribute category which aggravates the result;but the aggravating plot itself is not specific of the subjective,it can be an objective aspect,but also can be a combination of subjective and objective.As a result,there is no space for discretion in the recognition of aggravated adversaries,which is specific to the results.Only the specific aggravated result of criminal law is imposed,and the actor has the subjective responsibility and objective responsibility of the aggravated result,In order to aggravate the legal punishment of the perpetrator and the aggravated offense is different,it only need to have the aggravating circumstances of the criminal law can be,without the subjective responsibility and objective attribution to make value judgments.There is nocorresponding result in the reduction of the offense.In addition,the aggravated offense of the plot is different from the result of the aggravated offense: the aggravated result in the aggravated offense is beyond the scope of the basic offense,but the aggravating circumstances of the aggravated offense are not beyond the scope of the basic offense.Aggravated by amount offence is a certain amount of crime to a certain extent and to enhance the legal penalty level of crime.The elements of the aggravated offender include basic and aggravated amounts.The basic offense of aggravated offenders is not necessarily an offense,nor is it an act committed or an offense.The essence of the aggravated offense is the increase in the legal penalty,not the relative progressive increase in the amount.The amount of aggravated offenders has the following characteristics: first,the amount of aggravated offenders are legal;second,the amount of increase can be progressive to achieve the amount of standard,it can be a one-time to reach the standard,the basic crime can be an implementation,it can be And the number of the increase in the amount of the increase in the amount of the lower limit and the basic amount of the line must be connected,that is,the corresponding number of the two are the same;Fourth,the amount of aggravated committed to a single standard,with technical rather than normative,The only criterion for distinguishing between different amounts is the size of the numbers;fifthly,the amount of aggravated offense is regulated by legislation and justice at the normative level.By combing our current criminal law,there are 47 articles on the increase in the amount of criminal law,involving 63 counts.The increase in the number of offenders and the results of aggravated offenders are the following: First,the causal relationship requirements are different.The result is that the elements of the aggravated offense require that there must be a causal relationship between the basic crime and the aggravated result,but the relationship between the specific behavior and the corresponding amount is not included in the amount of aggravated offense,excluding the amount The relationship between the second,the relationship between the different.The result of aggravating the aggravated offense is beyond the scope of thebasic offense,and the result of the aggravating result is very different from the result of the basic crime.The increase in the amount of the aggravated offense does not exceed the scope of the basic offense,the amount of crime in nature is exactly the same;third,subjective requirements are different.The result of the aggravated offense must be subjective attributable to the aggravated result,but in the aggravated amount of the offense,the increase in the amount is only an objective condition for aggravating the penalty.The criminal law does not raise the subjective elements of the aggravated offense More requirements;fourth,the specific form of different.The result of aggravated aggravated offenses is a specific hazard that is clearly defined by law and is usually caused by physical damage such as serious injury and death,and the increase in the amount of aggravated offense is generally manifested as an abstract increase in legislation,not Specific increase in amount.With some kind of factual characteristics,criminal law provides for another crime conviction and punishment of criminal form.In the process of implementing the basic criminal act,because of the fact that there are some factual factors,the nature of the behavior has gone beyond the basic crime.In the process of implementing the basic criminal act,the basic criminal,of the composition of the crime,not enough to be included in the basic crime,after the change of criminal behavior in line with another heavier crime constitutes a crime,it should be the heavier crime.Conversions must be provided by the criminal law expressly,the conversion of offenders and the results of aggravated offenders are mainly the following differences: First,the nature of different attributes.The essence of the aggravated offense is that the perpetrator carries out the dangerous behavior that may lead to aggravating the outcome in a dangerous way,which itself contains a high degree of risk of aggravating the result,and the actor has a subjective attributable and objective The essence of the transferee is that the perpetrator has a specific fact factor in the process of committing the basic crime.Second,the objective behavior is different.There is only one objective behavior in the aggravated offense of the result,that is,the constitutive elements of the basic crime,the basic result and the aggravated result are causative relationshipbetween the elements of the basic crime and the constituent elements of the basic crime It is possible for the perpetrators of the transferee to carry out the behavior of the elements of the basic offense and it is also possible to further implement the behavior of the elements of the transgressors,and the nature of the two acts carried out by the perpetrator is different,They belong to different forms of crime;third,different ways of disposal.The criminal law provides for the aggravating legal penalty for the aggravated offense,which is an integral part of the basic statutory penalty,after the basic statutory penalty;in the conversion,the basic criminal act is converted into other crimes,Person’s conduct is convicted and sentenced.Chapter three studies the existing problems in the current criminal law and puts forward some suggestions on the legislation of aggravating the results of our country by assessing the legislative practice of exaggerating the results.The development and perfection of the theory about aggravated consequential offence must return to criminal legislation.This is the dialectical relationship between the truth and the reality,and it is necessary to gradually develop it,and it should also have a guiding significance for the development of reality.The provisions of the criminal law in our country are mainly concentrated in the criminal law.In order to solve the general problem of the lack of general provisions,we can clearly stipulate the composition of the aggravated offense in the general rule.The result is that the behavior of the perpetrator in the basic crime and the aggravated result mentality,the form of criminal responsibility for the aggravated result,The form of the problem is not obvious,we must be the form of aggravated offense to be unified,coordinated,clear,the results of aggravating the form of the characteristics of the offense is not obvious,the provisions of more chaotic,easy to non-results aggravated intentional crime as a result of aggravated offense,the results increased The punishment of the crime should be combined with the basic criminal punishment and the scope of punishment,so that the basic legal punishment and aggravating the legal punishmentof the orderly convergence,the current provisions of the criminal law of the part of the increase in the penalty set is not very reasonable.Civil law countries have made a more mature study of the aggravated consequential offence,the provisions of the legislative level,the practice of judicial practice,which includes the concept of aggravating the concept,nature and characteristics.In Anglo-American countries,although there is no systematic study of aggravated consequences,there are more or less provisions or jurisprudence that impose heavier penalties on aggravating the results.By enumerating civil law countries and Anglo-American law countries on the results of aggravated criminal legislation and research results,we can increase the results of our research and improvement of the benefit.Compared with the outside world,the legislation of our country’s aggravated offense needs to be improved.The perfection of the legislation mainly includes the perfection of the general principle and the clarity of the sub-rules.The improvement of the provisions of the criminal law includes the improvement of the specific charges and the perfection of the statutory punishment.With regard to the general legislation of the aggravated offense,the relevant criminal legislation experience and the criminal law theory behind China have a great reference value for our country.The significance of our study is the general stipulation of the aggravated offense in the general rule.This general rule of law includes the definition of the concept,characteristics and scope of the aggravated offense.The form of the aggravated offense should be straightforward and stipulated in a separate article,so that the aggravated offense of the result is more pronounced.At present,there are four kinds of stipulated forms of aggravated accomplishment in our criminal law: basic crime and aggravating result are stipulated in the same paragraph;aggravating the result and the basic crime in one,but not in the same paragraph;And other circumstances of aggravating penalties are consolidated in the same paragraph;the aggravating result is defined by separate law.The above legislative model is reasonable,some unreasonable,need to be perfect.Criminal law for the establishment of the aggravated offense must be based on the provisions of the basic criminal penalties,the integrityof the criminal law and coordination,increase the dangers of the results,the level of reasonable principles set,and follow the development trend of punishment.Chapter four discusses the causality relation,the attempted form and the cognizance of aggravated consequential offence from the judicial level.According to the theory of criminal law in our country,one of the differences between the aggravated offence and the aggravated circumstance offence is that there is no attempted form,and the aggravated form of the plot aggravated.However,regardless of the subjective form of crime,or from the objective behavior analysis,the results of aggravated offenders are likely to exist in the form of attempted crime.In the case of judicial practice,the result is aggravated that there may be a question of the existence of attempted form in the following two cases: the first case is the establishment of the aggravated offense when the basic offense is achieved but no exacerbated result The second case is the failure of the basic crime but the emergence of aggravated results,the results of the establishment of aggravated offenders and whether the composition of the problem of aggravating the attempted problem.In this regard,the author can be based on the results of this article to increase the subjective crime on the basis of the criminal law theory,based on the objective of whether the elements of the composition of the standard,to determine the consequences of aggravated crime attempted.The problem of attribution of aggravated offence in joint crime is the discussion of the fact that a number of perpetrators have deliberately committed a basic offense that may lead to aggravating the outcome,in which the behavior of some of the perpetrators leads to the occurrence of the aggravated result.There is a positive affirmation of the recognition of the result of the aggravated offense in the case of a common offense.The results of the aggrieved perpetrators can be divided into two types.For the first type,multiple actors jointly deliberately commit a basic crime and on the basis of a common intention,lead to aggravating the consequences,andmultiple actors constitute a common crime not only for basic crimes but also for joint crime.According to the provisions of our criminal law,the aggravated result caused by negligence can not constitute a common offense,so many actors will aggravate the result does not constitute a common crime,but still in strict accordance with the relevant laws of China to determine whether the perpetrators of the results of the existence of fault,full Based on the combination of subjective and objective factors to analyze and consider,if the judge to determine the existence of fault,then the perpetrators will bear the corresponding criminal responsibility to bear the consequences.If there is no fault,it is only necessary to take responsibility for the basic crime,and the results will be added as a sentencing circumstances to be investigated.In accordance with article 26,paragraph 3 of the Penal Code,the organizer shall be responsible for the criminal conduct of all criminals of the criminal group and all the results resulting from the aggravated consequences.In the case of an aggrieved person who has committed an aggravated offense,the perpetrator of the crime has committed an aggravated result because his own act has resulted in aggravating the result.Similarly,the assertion of aggravating offenders in the case of assurances,resulting in aggravated accomplices,helps the perpetrators to establish aggravated offenses because they do not have a corresponding supervisory effect leading to increased results.In some special cases,the instigator and the help officer may not be negligent for the occurrence of the aggravated result,and the punishment can only be determined by the basic offense.There are many problems in the identification of causal relationship.Many judgers in the determination of the results of aggravated offence stay in the simple results that lack a critical causal relationship between them.In the criminal law theory,the lack of judgment results aggravates the clear standard of causality,and there is a clear conflict between the old and new theories.Foreign criminal law theory of the results of aggravating the causal relationship between the criteria,mainly divided into conditional and causal relationship between the two categories.Among them,the use of conditions that lead to aggravating the result of aggravating the causal relationshipbetween the scope of the improper expansion,so the general practice of civil law is to use the objective theory of liability or direct elements of its restrictions.With the development and perfection of the theory of causality,its position in theory and practice is gradually improved,but there are some shortcomings such as the lack of clear and clear judgment.The causal relationship between the causative relationship and the causality of the causal relationship should be perfected.The causal relationship is divided into the causal relationship between the causal relationship and the causal relationship between the contingency causal relationship.We should introduce the new judgment factor of the direct claim.At the same time,it can not be separated from the inherent risks inherent in the basic behavior.