Research On Issues Of Aggravated Consequential Offense

Aggravated consequential offense is a criminal `pattern in which a constitutive act of a crime brings in unrequisite aggravated results and severe penalty. Though there are two outcomes stemmed from same behavior, according to our law, it cannot be classified to two criminalities. It is so complicated that the debate on it has been never ending, especially on its essentials. It is a theoretic concept belongs to Roman law family, and its liability principle has undergone from consequences to guilty mind. Nowadays, scholars cannot give a good explanation for the high level of its maximum statutory penalty. Many regard it as the influence of former consequence principle. In this paper, the author considers it as an independent entity instead of the dualism hold by traditions, and tries to explain issues properly.There are altogether 6 parts in this paper.The first part deals with the base of the offense's criminal liability. The author inspects the history with an aim to find out its substance and concludes that the extremely dangerous constitutive act is the most fundamental feature. The base comes naturally from the above aspect: the objectively risky act combined with subjectively guilty knowledge contributes to severe penalty.The second part is about the constitutive characters of the offense. Firstly, the exploration on the basic constitutive elements and aggravated ones of a crime offers the idea that aggravated consequential offense has its own constitution. With this view on mind the traditional opinion --dualism-- is questioned, for the offense should be seen as a whole. It seems that the offence consists of a basic crime and an aggravated crime, but essentially the later is...