On The Offense Aggravated By Behavior

Committed the Circumstance-aggravated theoretical system, all of the aggravating factors can be referred to as Circumstance, so, the offenses aggravated by Circumstances are divided into the general one and the concrete one. Because of the particularity and importance of "conduct" factors, the Offense aggravated by behavior should be separated from the general one ,then becomes an independent commission of the aggravated form, and shapes the complete theoretical system of aggravate offense with offenses aggravated by consequence,amount, and others. However, in the present theoretical circles, whether in domestic or foreign counties, the scholars studying the field are so few. But, in the national criminal legislation, the act of legislation is substantial, and that the kind of action is also guilty of acts for the study provided a legislative basis. Increasing the so-called acts committed, the act is in line with the people in the implementation of the basic elements of crime and to set up a commission of the offense, and implement in excess of the basic elements of criminal acts, but the existence of the act has not changed the nature of the crime and the law censure of the acts of selection, enhance its sentence for the crime the person committed . Committing acts of increasing the key element is to aggravated behavior, which dose not separate acts of crime, but it depends on the basic criminal acts, criminal acts are outside the basic selection which was to increase the legislative basis for criminal censure.In addition to the body of this article, it is divided into five sections, about 37,000 words.The first part, an overview of the Offense aggravated by behavior. The part takes the concept of Circumstance-aggravated offenders as the breakthrough point. By studying the rationale for classification of offenders, the following concepts are proposed, such as the Offense Aggravated by Consequence, and the Offense Aggravated by Amount, the Offense Aggravated by Circumstance. Next, the main focus on the concept of the Offense Aggravated by Behavior, reflecting the legislature the analysis.The second part is about independence foundation of Offense Aggravated by Behavior. in the Penal Code in accordance with the status of acts in the action theory, it is proposaled that the behavior separating from the Circumstance, thus increasing the committed acts committed in aggravating circumstances. Discussing the kind of feathers from the acts of conviction and sentencing function, the circumstances of the detachable guilty of aggravated sexual behavior to explore the independence of the value. Finally, it is a brief description of practical significance about the independence of on Offense Aggravated by Behavior.The third part, logical structure of Offense Aggravated by Behavior. The introduction of acts major components add to the characteristics of Offense Aggravated by Behavior.From the foundation to increase, adding to act to increase the analysis of three aspects of criminal acts to increase the establishment of the necessary elements of offense. Add to commit aggravated acts as foundation, the basic idea and add to the crime committed acts could become a foundation to increase the increase. Increase the specificity of committing acts of aggravating factors is to "act", the legislature based on the criteria to add to selection, as well as increase the basic behavior and the relationship between the acts are the focus of that part of the discussion. Add to torture people in the act of the implementation of the basic criminal acts to increase after the implementation of the act, criminal law penalties Sentence upgraded, which is based on the basic criminal penalty for the basic premise, but the basic sentence at a rate of increase than the other the crime units are adapted to the principles of criminal responsibility is all about.Part four, the difference between Offense Aggravated by Behavior and related crime forms. The introduction of some of the major acts committed with aggravating Implicated Offender, committing the offense, as well as the difference between Continuous and Transforming crime, thus to increase to clearly identify Offense Aggravated by Behavior.The fifth part is about reflection to current relevant legislation. The reflection mainly goes to two aspects in current Chinese criminal laws: aggravated statutory sentence mode should not be applied to some legal articles, and some other articles should follow this mode.Offense Aggravated by Behavior is a new concept, but also is the theory of criminal law academic innovation. as an independent commission form , it is with same status like Aggravated Consequential Criminal which are equally important. Offense Aggravated by Behavior is the reasult of the development of modern legislation. Founder of the theory of Aggravated by Behavior is to help filling our country's criminal law theory blank in this area, develop the field of Criminal Law Study, refine the theory of Aggravated Circumstance Crime, perfect the Aggravated crime theoretical system, increase theoretical framework development, improve the theoretical penalties system.