Research On Basical Problems Of The Aggravated Consequential Offence

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. The aggravated consequential offence is a very important concept concerning the form of quantity of crime . Studing on the form of quantity of crime is to distinct types 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 quantity of crime, and to correctly decide crime and measure punishment.By analyzing some different viewpoints, the author provides some ideas about several arguable problems as follows. First, the aggravated consequential offence includes two types: the basical crime is intended, the aggravated consequence is also intended; the basical crime is intended, the aggravated consequence is negligent. Second, there is attempt in the aggravated consequential offence. Third, the aggravated consequential offence exists in the joint offence. In addition, from the point of view of criminal liability, the rationality of criminal liability about the aggravated consequential offence is discussed. In order to cognizance the aggravated consequential offence correctly, the comparison of related concepts are also analyzed in the end.