On The Result - Aggravated Crime Theory

Aggravated consequence crime 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 basic crime is intended, the aggravated consequence is also intended; the basic crime is intended, the aggravated consequence is negligent and the basic crime is negligent with negligent aggravated consequence. The type of Aggravated Consequence crime that the basic crime is negligence and the aggravated consequence is intended does not exists, which is the case of the joinder of punishments for plural crimes. Second, the nature of Aggravated Consequence Crime is the new theory of compound shape, which bases on the theory of compound shape, and absorbs the advantage of the theory of danger .As the basic crime has the danger of causing the aggravated consequence inherently, but the actor commit it intended, which shows the actor's grave characteristic of violating the ability of paying attention to it, also shows the characteristic of anti-sociality and the dangerousness of the person. The actor's action also cause the aggravated consequence, and at least he holds the attitude of negligence. Third, there is attempt in Aggravated Consequence Crime, including attempt in Aggravated Consequence Crime and Aggravated Consequence Crime of attempt, the former only exist in the type of Aggravated Consequence Crime which holding actual intention ,the actor executes the constitutive action for the purpose of realizing the aggravated consequence under actual intention ,but the aggravated consequence does not bring about. Forth, not only the joint actors of the Aggravated Consequence Crime exists, but also the other types joint actors of the Aggravated Consequence Crime such as abettors and accessory exist ,and all of the joint crime only exist in the type of Aggravated Consequence Crime based on intention. Fifth, In contrast with the other type of criminal shape such as the imaginative jointer of offence , the combinative offence and the crime with aggravated circumstances , the AggravatedConsequence Crime has different characteristics. Sixth, Aggravated Consequence Crime is not only dependent on the basic crime, but also subject to basic crime, so its quality is double-As far as its relationship with basic crime, its subject quality is more important .The essence of Aggravated Consequence Crime is singular. Seventh, we should perfect the Aggravated Consequence Crime in the sides of both the General Provisions and the Special Provisions of the Criminal Law Code.