Endanger The Results Of Research

The harmful consequence is an element of constitution of crime, and it has close relationship with many theoretical problems in criminal law. However, there are a lot of controversies on this issue. It is quite difficult to find common position on this problem. Based on the comparative study of harmful consequence in Chinese and foreign criminal law, this dissertation has put forward the opinions on harmful consequence and its relevant theory.This dissertation consists of four parts.Part One mainly introduces the research of the harmful consequence in China and other countries. When it comes to the research in Continental law system, the introduction focuses on the discussion involving the definition of harmful consequence in the broad and narrow sense. The broad sense is violations to protective objects caused by harmful conduct, and the narrow sense is violations to conduct-objects caused by harmful conduct With regard to the harmful consequence theory in former Soviet Union and Russia, the author introduces the debates on the definition of harmful consequence with the center of criminal object or object of crime, and the debates on the objective manifestation of harmful consequence. Subsequently, the part analyses the inheritance and innovation of the former Soviet Union's harmful consequence theory in Russian criminal law. The final section introduces the three stages of development in harmful consequence theory after the establishment of the People's Republic of China.Part Two focuses on the definition of harmful consequence. It mainly discusses the two points of debate involving the definition of harmful consequence in China's criminal law theory. One point is that whether harmful consequence shall be defined with the center of criminal object or object of crime. The other is the manifestation of harmful consequence. The author analyzes the two points, and gives his own opinion on the definition of harmful consequence, i.e., the harmful consequence is the actual consequences and potentially harmful fact which are caused by the harmful conduct on the direct object protected by the criminal law. Moreover, the part has summarized the five features of theharmful consequence. The five features of the harmful consequence are the particularity of reasons* the objectivity of consequences* the directness of consequences > the legality of consequences and the variety of consequences.Part Tfiree has attached importance the categories of harmful consequence. The categories of harmful consequences are: material consequences and immaterial consequences, reality harmful consequences, common consequences and aggravated consequences, single consequences and complex consequences. In this part, the author has classified the harmful consequence from different dimensions. Meanwhile, he believes that immaterial consequences and abstract dangerous consequence fall with the harmful consequence.Part Four discusses the role and function of dangerous crime. Firstly, it analyzes the position and function of harmful consequence in constitution of crime. As to the position of harmful consequence in constitution of crime, there are two opinions in the problem: unnecessary requirement and necessary. requirement it analyzes that the harmful consequence should not be called as requirement, but element Harmful consequence is not a requisite element to conviction. So it is only a choice element of constitution of crime.Secondly, die author explains the role of the harmful consequence in the classification of crimes. He further points out that the existence of harmful consequence at the time of accomplishing crime is the criteria of distinguishing consequential crime and conduct crime. Subsequently, during the classification of dangerous crime, dangerous crime is divided into the abstract dangerous crime and the concrete dangerous crime. Finally the author probes into the role of harmful consequence in proportionate punishments to crimes, such as distinguishing crime and not crime, one crime and other crime ,accomplished and criminal attemptThe Conclusion has summarized the viewpoints of the whole article. It points out that we should understand the difference of harmful consequence from the aspect of lawmaking and judicial enforcement. Moreover, the author believes that the study of harmful consequence in narrow sense would be more helpful to guiding the judicial practice.