Researches On Potential Damage Offence In Theory

As the crime opposite to actual damage offence, potential damage offence has a very important position in criminal legislation, and there are more and more substantive regulations about it. It also has an appropriate place in criminal theories. As far as the legislation of our country is concerned, the Criminal Law revised in 1997 adds some regulations about potential damage offence in order to meet the needs of protecting legal rights, and criminal theory circle pays more attention to it.This article emphatically discusses three problems about potential damage offence: one is its definition, another is unpremeditated potential damage offence, the third is the crime estate. First, although Criminal Law of our country adds regulations about potential damage offence, but doesn't define it definitely, and there are different definitions of it in theoretical circle. The article compares three different definitions of potential damage offence home and abroad, and analyses the deficiencies of the definition in our country, and thus establishes the foothold with which the author defines potential damage offence. In order to further define dangerous situation, the article discusses how to judge it and points out that the judgment of it is in fact judgment of objective facts. As to concrete definition of dangerous situation, we should consider all related factors. Second, the potential damage offence can be classified into concrete and abstract, intentional and negligent types. Although giving rise to controversy, the classification of them is quite necessary. The author analyses two opposite viewpoints about whether an unpremeditated dangerous act constitutes a crime, and then expound his opinion: such an act constitutes a crime. At the same time, the article gives some suggestions about deficiencies in our country's legislation about unpremeditated potential damage offence. Third, the discontinuance neglint of damage offence not only refers to accomplished offence formation, but also includes incomplete formation, that is to say, it includes preparatory crime, attempted crime and desistance from offense.