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On Consequential Offense Concept

Posted on:2012-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:F ZhangFull Text:PDF
GTID:2206330335957334Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The aggregated consequential offense is a very important conception around the criminal educational circles. Scholars have made a lot of studies of this, and achieved extensive results. But it is easy to find the differences among their views, and it is so different that we can't achieve a tong said. Different from the methods other scholars take, which we call the methods of interpretation, in this paper I take the methods of induction, and here we take the Chinese criminal law as the specimens. In this assay, I think aggregated consequential offense must get two different sentence ranges for the different consequences in the aspect of the sentence of the offense, and the two or many consequences must not be replaced by each other. In the aspect of the behavior of the offense, the single offense must give birth to the basic consequence and the aggregated consequence or the aggregated consequence must be derived from the basic consequence. In the aspect of the mental state of the criminal, for the basic consequence, it must be intentional, and for the aggregated consequence, it must be omission.
Keywords/Search Tags:aggregated consequential offense, statutory sentence, harmful consequences, dangerous act, subjective fault
PDF Full Text Request
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