The Inquiry Of The Definition Of The Potential Damage Offense

Prior to the inquiry of the potential damage offense, the danger—as the theory hypothesis of the potential damage offense is necessary to be studied. The danger refers to the actual possibility that the offensive action performed by the offender is sufficient to cause a certain real damage to social relations which are protected by the Criminal Law. The danger includes the danger of his action, but excludes the danger of the offender and the abstract danger.There are various definitions of the potential damage offense in the academic circle. Based on the grounds for punishment, the establishment of the crime and the completion of the crime, three different representative forms of concept of potential damage offender have been concluded for scholars of continental law system and the criminal law theory field in the mainland. However, from the perspective of the establishment of the crime, the potential damage offense refers to a kind of crime that is an essential condition, and which is caused by an action, causing damage to social relations protected by the Criminal Law. This statement is more scientific.The potential damage offense exhibits the following features: the danger is the essential constitute of the potential damage offense; the danger is stipulated in written words by the Criminal Law; and the danger and the offensive behavior constitute the cause-and-effect relation.In our country's criminal law theory, most scholars divide the potential damage offense into many kinds according to different standards. On the basis of the subjective respect, the potential damage offense can be divided into the intentional potential damage offense and the negligent potential damage offense; On the basis of the subject, can make being dangerous and divide into natural person's the potential damage offense and unit the potential damage offense. The existence of the negligent potential damage offense and the unit potential damage offense has law grounds and legislation reasons. And they are two important categories of the potential damage offense both in the theory of Criminal Law and in the practice of Judicature. The negligent potential damage offense refers to someone who seriously violates the provisions of some rule and so puts some important social relationship in serious danger, and the danger is the necessary constitute of the potential damage offense. The intentional potential damage offense refers to someone puts some important social relationship in serious danger, and the danger is the necessary constitute of the potential damage offense. The natural person potential damage offense refers to the actual possibility that the dangerous actions performed by a natural person cause great damage to social relations, which are protected by the Criminal Law. It is the necessary constitute of the potential damage offense. The unit potential damage offense refers to the actual possibility that the dangerous actions performed by one unit cause great damage to social relations, which are protected by the Criminal Law. It is the necessary constitute of the potential damage offense.