The Research On The Constitutive Structure Of The Aggravated Consequential Offence

The constitutive structure of the aggravated consequential offence is selected as the research object of this thesis. The issue relates to whether the aggravated consequential offence is an independent criminal type, should it be aggravated punishment, and what the aggravated foundation is. So the constitutive structure of the aggravated consequential offence is the priority of many problems.In chapter 1, it introduces the development of the aggravated consequential offence, the problem of which inspires people to think of the constitutive structure.In chapter 2, it introduces the fixed position of the aggravated consequential offence, to illustrate the difference between the constitutive structure of the aggravated consequential offence and other crime concept.In chapter 3, it analyzes the constitute structure of the aggravated consequential offence. On the objective structure, the connection between the criminal action and the basic consequence is different from the connection between the criminal action and the aggravated consequence in which the danger of the criminal action is beyond the former one. On the subjective structure, the mens rea to basic consequence and the mens rea to aggravated consequence is irrelative and mutually independent. It's necessary for the judgment of the aggravated consequential offence that the basic crime can be established. Thus, the aggravated foundation of the aggravated consequential offence is consisted of two parts, the one from basic crime, and the other from the illegal elements which is beyond the basic crime.In chapter 4, it analyzes the problem of the constitutive structure of the aggravated consequential offence in our criminal law, to offer a reference opinion for revising criminal law.