Research On Some Problems Of The Aggravated Consequential Offence

The aggravated consequential offence is a very important concept concerning theform of quantity of crime. Studying on the form of quantity of crime is to distincttypes of one crime and types of plural crimes, to illustrate the constituting elements and essential nature of various forms of quantity of crime, to determine the principles to deal with different forms of quantity of crime, and to correctly decide crime and measure punishment.The essence of the aggravated consequential offence is satisfying one constituting element. It is a Legally Prescribed Crime, or substantially one crime. It cannot be thought two crimes, though it may have two consequences. The studying into the aggravated consequential offence is to facilitate theory of the form of quantity of crime, which is the basis of the former. To scientifically decide the aggravated consequential offence will play a significant role in criminal trial.The aggravated consequential offence is a behavior to finish the basic constituting elements. So there occurs aggravated consequence, which is beyond the basic constituting elements. To the aggravated consequential offence, the measurement of punishment will be much heavier. It is a concept in the criminal theory of the Continental Law Family. Because of the special constituting, it is also called "specific consequential offence". The Germany Criminal Law's General Provisions prescribed the aggravated consequential offence in 1953. The article 53 prescribed that the offender must have negligence to the special consequence at least. This is the significant article about the aggravated consequential offence, and a lot of country 's criminal laws are affected by it and have accepted it. In the theoretic research, this article is quoted often.From the fact of the research of the aggravated consequential offence, there are two opinions-the broad and the narrow opinions. Through the analysis, the author holds the belief that the type of the aggravated consequential offence in our country's criminal law should be single type, where intention corresponds to the basic crime and negligence to the aggravated consequence. By the premise of the aggravated consequential offence's essence, the author analysesits constituting, criminal shape, and the distinction and something in common with other criminal shape.The author believes that the aggravated consequential offence's basic form is consequential offence or act offence or dangerous offence, it has not the situation of the attempt of crime, and its major crime are in the chapter of crimes of endangering public security, the chapter of crimes of infringing upon citizen's right and the chapter of crimes of property violation.The author's opinion is based on the internal and overseas research situation of the aggravated consequential offence, at the same time, combining with the fact of criminal laws, among which more attention is devoted to the Chinese law.