A Study On The Fundamental Theory Of Aggravated Offence By Circumstances

Aggravated offence by circumstances in criminal law means the perpetrator has a basic offence, whose behavior also satisfies the legislative aggravated-circumstance, will have the aggravated punishment stipulated in the criminal law. There are numerous rules of aggravated offence by circumstances in Criminal Law of China, especially in the specific provisions of Criminal Law. Aggravated offence by circumstances is based on the constitution of general offence, and also, the conditions to form aggravated offence by circumstances are as follows:such offence shall be composed of two criminal units, general offence as one criminal unit and aggravated offence by circumstances as another criminal unit such as means, places, time and so on.Presently, Chinese scholars' research on aggravated offence by circumstances is comparatively broad, including definitions, characters, classifications, quantity of crime attributes, unfinished mode of aggravated offence by circumstances and so on. Although they have their own reasons, there're disputations on quite a lot of matters. On the basis of analyzing these disputations and comparative law, this thesis will also discuss a series of problems relatively and make some suggestions. I hope it will be helpful for improving China's criminal law theory and judicial practice to research systematically on aggravated offence by circumstances.This thesis will be divided into five parts apart from the preface and conclusion:The first part elaborates the definition of aggravated offence by circumstances and relevant concepts such as basic characters and classifications, of which the meaning of "circumstance" and "aggravated offence by circumstances" is the emphasis.The second part elaborates the reasons and conditions that aggravated offence by circumstances is stipulated theoretically and practically, including the requirement of the principles of the criminal law, "no trial no crime" and "penalty shall be compatible with crime". Besides, there's still a great deal of deficiency on legislation and judicatory.The third part elaborates the modalities of aggravated offence by circumstance, discussing not only the quantity of crime attributes, but also unfinished mode of aggravated offence by circumstances. Introducing kinds of theories, the thesis holds the opinion that the aggravated offence doesn't have unfinished mode of crimes and it only constitutes one crime in essence.The fourth part elaborates the judicial realizations of aggravated offence by circumstances, in respect that the aggravated offence by circumstance of illustrative mode can be applied comparatively easy, this part just discusses the realizations of aggravated offence by circumstances of general mode, advises guidelines comparatively definitude, then analyses the basic way of it concretely.The fifth part elaborates the suggestions on advancing the legislation of aggravated offence by circumstances. On the base of analysis of comparative law, the law of crime can be more practical and feasible on both general principles and specific provisions of law.