Study On Potential Damage Offens

The theory of the potential damage offense is one of the basic criminal theories. Criminal law theory of continent law department is comparatively riper in study on this problem, a lot of concepts and theories of the potential damage offense in our theory, have drawn support from the corresponding research results of the criminal law theory in Japan and Germany. Because the Chinese and foreign criminal law theory have differences in certain aspects, it is necessary to study the corresponding meaning and theories under the theoretical system of China criminal law. Through the research of the concept and the classification of the potential damage offense, the relationship between relevant concepts, we wish to contribute to the development of theory of the potential damage offense.The thesis is composed of 3 sections. I began the first section with the meaning and the character of "potential" in the potential damage offense, and found "potential" is a concept with various meaning in criminal law. "Potential" has the character of consequent when it's used in the potential damage offense and it is different from what it means in unaccomplished offense. After that, I introduced 3 kind of opinions in order to define the potential damage offense and got my conclusion: I reject the saying of "establish", "punishment foundation", and stand the saying of "accomplishment". Then I discussed the classification of the potential damage offense. In this part I stressed in two problems: shall we admit the kind of potential damage offense out of lapse and shall we staple the potential damage offense into abstract potential damage offense and material potential damage offense. In the second part of the thesis, I discussed the relationship between the potential damage offense and other concepts--for example: behavioral offense and consequential offense. Through the discussion, I can validate each concept's connotation and extension and keep the relationship between the potential damage offense and other concepts in order. In the last section, I dissertated the problem: shall we accept unaccomplish modality of the potential damage offense,that is, preparation, suspension and unaccomplishment, my answer to this question is: yes. Then I probe into the their structure of qualification and standard of punishment.