On Aggregated Consequential Offense

Although aggregated consequential offense has been widely applied into our country's criminal legislation and judicial practice for a long time and there exists respective stipulation in the specific provisions of the criminal law, the study on the theory of aggregated consequential offense comparatively remains lagging behind. The issues concerning concept of aggregated consequential offense and attempt etc. are rarely mentioned. In addition, there exists great argument on the aggregated consequential offense in related theories, which remain much difference on the concept, subjective psychology, accomplished and attempted offense etc. On one hand, strengthening study on the theory of aggregated consequential offense will provide theoretical support for legislation and further improve the system of criminal code; on the other hand, it will help the judicial staff holding the legislation spirit, and enhancing their understanding of aggregated consequential offense so as to apply the law in a correct way.Therefore, the thesis will take the aggregated consequential offense as a research topic, expecting to make certain contribution to the development of criminal theories.The thesis is divided into seven sections and each section will illustrate the basic views on the aggregated consequential offense and include the author's own opinion.In the first section will discuss the concept and characteristics of the aggregated consequential offense and provide its own view. When analyzing the previous understandings on the concept of aggregated consequential offense, the thesis holds that restrictions on the offense of the basic crime or aggregated consequence should be used as a start point in understanding the concept of aggregated consequential offense. In this way the scope of the aggregated consequential offense will be restricted to some extent, which also complies with the principles of the modern criminal responsibility. The thesis centers on the basic crime of the aggregated consequential offense which can either be intentional crime or involuntary crime when discussing the basic characteristics of aggregated consequential offense. The second section focuses on the discussions of the nature of the aggregated consequential offense. It analyzes three kind theories from the theoretical group on the aggregated consequential offense, introduces respectively the single pattern theory, complex pattern theory and danger theory, and provides its views on the development of the nature of aggregated consequential offense.The third section analyzes the accomplished and attempted form of the aggregated consequential offense. The identification of the accomplished and attempted form of aggregated consequential offense is mainly for the purpose of addressing issues on the application of criminal penalties. The thesis focuses its discussions on the following two perspectives: whether the legal sentence for the aggregated consequential offense can be applied as an attempt if the aggregated consequence does not happen; whether the legal sentence can be mitigated as an attempt if aggregated consequence happens but the basic crime is unaccomplished. The thesis presents its statement based on the analysis of previous theories- in regard to the unaccomplished and attempted form of the aggregated consequential offense, it should be analyzed on a country-by-country basis and should not be treated in an undiscriminating manner.The forth section focuses on the difference and relationship between aggregated consequential offense and related pattern of the quantity of crime, which also is an issue that needs to be addressed in the short term. To understand aggregated consequential offense and related quantity of crime in a correct way will contribute a lot to the correct application of law.The fifth section centers the discussion on the reasonability of the criminal responsibility of the aggregated consequential offense. It holds that the reasonability of the criminal responsibility of the aggregated consequential offense depends on whether the acts of the actors of the aggregated consequential offense conform to the crime constitution of the aggregated consequential offense.The sixth section discusses the legislation construct of the aggregated consequential offense and reflection in our country's criminal law and makes some suggestions on legislation, expecting to make contribution to the development of the criminal legislation.