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The Criminal State Of The Potential Damage Offense

Posted on:2009-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:X Y WangFull Text:PDF
GTID:2166360245964356Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Above all, the author discuss the independence sense of the potential damage offense. As the criminal pattern established in the specific provision of criminal law by legislators, the potential damage offense also has the accomplished and unaccomplished state as the behavioral offense and the consequential offense does. The criterion for the judgment of the completion of the potential damage offense should be the appearance of the dangerous state. When judge the dangerous state, we must consider several elements as follows: afterwards external facts, abstraction, scientific criterion. We should admit that the unaccomplished potential damage offenses exist in our criminal theory. And it is necessary to punish this behavior. In judicial practice, after the occurrence of the dangerous state, someone may voluntarily and effectively prevents the actual damage consequences of the crime from occurring. How to determinate the nature of this phenomenon? There exist several academic opinion, the author advocate the theory of accomplished potential damage offense.
Keywords/Search Tags:potential damage offense, dangerous state, the completion of a crime, the discontinuation of a crime
PDF Full Text Request
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