Basic Theory Of The Result-aggravated Crime

The result-aggravated crime is in our country penology standard an important concept, it widely applies middle our country criminal activity legislation, takes aggravates the punishment to the perpetrator a legal condition. At present, the criminal law educational world adds the felon system's research to The result-aggravated crime many are discusses system's angle based on the crime to understand and the explanation, intertwines to add felon's crime form question in The result-aggravated crime myself angle embarking which discusses from the penalty, profits from the mainland legal system the objective punishment condition theory, adds felon's related content based on the objective aggravation punishment condition's angle of view to The result-aggravated crime to carry on the understanding and the elaboration, will aggravate The result-aggravated crime understanding will be one kind of legal aggravation punishment condition emphatically, is aggravates the punishment to the perpetrator the legal basis, it is suitable only affects author's discretion of punishment, but does not affect the crime the constitution. Embarks from this basic point, goes round the result-aggravated crime to add felon's crime form question, stressed that aggravates the relative independence in the basic commit, the aggravation result appearance is finally the basic criminality nature extends, will thus add felon's concept to define that finally"(intentional) essential offense+ (unpremeditated) Aggravating result Criminal pattern"in this type. This article mentality is lies in through the transformation cognition question angle, take the time well understanding and the utilization The result-aggravated crime system, provides the reference as the judicial practice.This article divides into four major parts, about 35,000 characters.The first part: The prerequisite question's solution -- The aggravated crime existence the validity what in? the result-aggravated crime adds the felon achievement to The aggravated crime system's important component, the discussion adds the validity question which The aggravated crime exists is this article discusses the result to add The aggravated crime 's argument premise. This part through the comparison criminal law,reduces and punishes and between the aggravation punishment difference severely leniently elaborated that adds the aggravated crime system existence the rationality and the valid question.The second part: The result-aggravated crime system's outline. This part mainly elaborated the result-aggravation system's basic content, the result-aggravated crime's theory origin from the result to start, the result-aggravated crime and between other similar criminal law concept conclusion quite to The result-aggravated crime. In the issue document, lies in the definition result to The result-aggravated crime's conceptual realm with emphasis, is the later word elaboration lays the foundation.The third part: The Aggravating result Criminal pattern, As objective aggravated-punishable condition. This part is this article key content, embarks from the criminal law basic principle, the objective aggravation punishment condition theory inducts in our country's criminal law theory the mainland legal system, will aggravate the result understanding for the objective aggravation punishment condition, and utilizes it in adds to the result in felon's correlation theories difficult problem explanation, by the time understood that well adds felon this important penalty using the result to dispose the theory.The fourth part: Conclusion. This part lies in summary entire article with emphasis the issue document mentality, elaborated that understands the result based on the objective aggravation punishment condition theory angle of view to The result-aggravated crime 's in judicial practice significance.