Font Size: a A A

Research On Several Questions Of The Potential Damage Offense

Posted on:2006-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:S S ChenFull Text:PDF
GTID:2166360182467358Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The theory of the potential damage offense is one of the basic criminal theories. The first part of the text is compared the concept of the potential damage offense between Chinese criminal law and the mainland legal system and demonstrated the substantive value of the potential damage offense. The text post the difference in interpretation and comprehension of the potential damage offense between Chinesecriminal law and the mainland legal system. The former is concerned " lead......danger " as the standard discern the abstract potential damage offense and the material potential damage offense. The latter thinks the degree of distance between danger and factual damage is the standard discern the abstract potential damage offense and the material potential damage offense. There are some argues about the potential damage offense's existence, the text thinks the potential damage offense has its independent juristic meaning. The second part of the text discerns the relationship among the potential damage offense and the action offence, the result offence, the aggravate result offence, and the unaccomplished offence. The text considers that the concept of the abstract potential damage offense is next the concept of action offence, so does the material potential damage offense. The potential damage offense may be the basic offence of the aggravate result offence. There are differences in logic and criterion between the potential damage offense and the unaccomplished offence, which further affirm the independent value of the potential damage offense in the first part of the text. The last part of the text does research in the unaccomplished forms of the potential damage offense. The punishment of the prep— potential damage offense is needless. There are some superposition parts between the accomplished potential damage offence and the pause damage offence. It is the assimilate relation and apply to the pause damage offence. In the dispute of the unaccomplished potential damage offence theory, the text is apt to the objective potential damage theory.
Keywords/Search Tags:the potential damage offense, abstract potential damage, material potential damage
PDF Full Text Request
Related items