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Consequential Offense Basic Theory Research

Posted on:2003-11-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y L LiFull Text:PDF
GTID:2206360065455715Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Aggravated consequence is so well concerned in criminal theory that research achievement about it is difficult to figure out. However, viewpoints of concrete issues are not consistent and even reciprocal. By analyzing legislative spirit and jurisprudence sense, the author provides some ideas about several arguable problems as follows. First, Aggravated Consequence Crime includes three types: the basical crime is intended, the aggravated consequence is also intended;the basical crime is intended,the aggravated consequence is negligent and the basical crime is negligent with negligent aggravated consequence.Second,the nature of Aggravated Consequence Crime is the theory of negligence which is based on the doctrine of dangerity.In other words,the basical crime has high dangerity causing aggravated consequence and the criminal has at least negligence for danger transferring into reality .Third,there is not attempt in Aggravated Consequence Crime.Fourth,Aggravated Consequence Crime is not only dependent on the basical crime,but also subject to basical crime,so its quality is double.As far as its relationship with basical crime,its subject quality is more important .The essence of Aggravated Consequence Crime is singular.
Keywords/Search Tags:Aggravated Consequence Crime, basical theory, basical crime, basical consequence, aggravated consequence
PDF Full Text Request
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