On The Aggravated Consequence Crime

The aggravated consequence crime,also named as aggravates result crime,is a special form of crime. Its theoretic research under the civil law system is possibly to be said as all-round blooming. The scholars study not only its structure, but also its responsibility, causal relation, criminal attempt and joint crimes and so on. It could be said that, the overseas scholars` researches on it present a picture of growing prosperity. Nevertheless, to take a counter- view of our criminal law studies, although several dozens of papers have conducted the researches on the aggravated consequence crime, nearly all of these researches are fragmentary and partial, still less the monograph of it, which all of these reflect that our researches on the aggravated consequence crime are insufficiently thorough and that there is still existed a wide disparity between foreign scholars and ours in the studies of the aggravated consequence crime. Meanwhile, our criminal law, in its specific provisions, defined the aggravated consequence crime in massive number of articles, more than 20 of which are involved with the death penalty. Today, as the achievement of mutual recognition on the reduction of death penalty application, the researches on the aggravated consequence crime appear to be more significant and meaningful. On the purpose of limiting the application of death penalty, this article is written and to discuss the aggravated consequence crime with the view to broaden the mind of the limitation of death penalty application. The full text is mainly divided into five parts:The first part, mainly introduced the historical evolution of the aggravated consequence crime and its concepts struggles. The author evaluated these concepts in the article, afterwards he also proposed his own understanding of it.The second part, to limit the application of death penalty of the aggravated consequence crime, the author introduced and defined the structure of it, namely the basic crime constitution, aggravated result and aggravated legal punishment.The third part, to implement the idea of limiting death penalty application, the author set six aspects of limits for the aggravated consequence crime, namely the limits of basic behavior, of the criminal state of mind, of the causal relation, of the violation object, of the aggravated result and of punishment measurement.The fourth part introduced criminal attempt of the aggravated consequence crime. The author, still regarded the limitation of death penalty application as his purpose, held that there are two forms of criminal attempt in the aggravated consequence crime, namely the attempt of basic crime with the aggravated result and the basic crime without the aggravated result, which are contrary with the opinions of generality of leading scholars who think that there is no criminal attempt in the aggravated consequence crime.The fifth part, as the conclusion, pointed out the legislative insufficiency for the aggravated consequence crime in our country and put forward the suggestion of how to perfect the legislation of it, through which the death penalty of the aggravated consequence crime would be limited legally.