Restudies In Problems Whether Potential Damage Offense Come Into Being Discontinuation Of Actual Damage Offense

As the special criminal pattern established in the special provisions of criminal law by legislators, the research to the potential damage offense has been become more and more concerned by Chinese and foreigners' scholars. Because it is different from defining the concept of potential in the civil-law crime and our continental criminal theory, so it is different to understand this problem when the dangerous state happened, the actor takes effective measures to prevent actual damage.This article is composed of four parts.In chapter one, we define the concept of potential damage offense. From the form, both civil-law system and our continental criminal theory , defining the concept of potential damage offense from three perspectives. After analyzing many represent opinions, the author thinks that it conforms to criminal system to define the concept of potential damage offense from the view of the accomplished crime.In chapter two, the author elaborates the criterion of discontinuation of actual damage offense. Researching this question from four characters, i.e. timeliness,automaticity,validity, thoroughness.In chapter three, this article concludes and sums up the question whether this discontinuation of potential damage offense comes into existence a main research after the dangerous state appearing. The author elaborates this question from the point of view which many kinds of view's flaws. Therefore, the author poses own opinion: i.e. this question should establish the accomplished crime, not the discontinuation of actual damage offense.In chapter four, the author elaborates the view of the completion of potential damage offense, and on the basis of putting forward a legislative suggestion in sentence。It is the most important question in this article. The criminal system is an organic whole. If you revised some portions, you should make them combine with others best to accord with criminal system. The author thinks it is scientific and reasonable to establish the completion of potential damage offense in the context of criminal theory. And on the basis, put forward a legislative suggestion from the perspective of measurement of sentence. It is necessary for criminal theory and judicature practice.