Consequential Offense Study

Aggregated consequential offense is also called offense aggregated by consequence or special crime, which originates from the Civil Law. Generally speaking, aggregated consequential offense is a kind of criminal pattern that the actor commits a crime which fits to its constitutive elements of crime and result in aggregated consequence and aggregated punishment. As a sort of criminal pattern and theory of criminal law, the aggregated consequential offense came into being at the beginning of twenty century, the historical development of legislation and theory of it transforms from the rule of obligations of consequence to the rule of obligations of will. From the study fruits of aggregated consequential offense both at home and outside, it generally consider that basic elements of aggregated consequential offense is composed by basic crime and aggregated consequence. The cognition of subjective elements of crime of aggregated consequential offense all the time based on the "double subjective elements", but there is little study on the relation between the subjective elements and much dispute on legal effect of aggregated consequential offense. In my opinion, aggregated consequential offense has independent structure, the key element of which is that basic criminal behavior has inside danger on the result of aggregated consequential offense. Aggregated consequence and basic consequence encroach the same subject and object. The thesis is composed of five parts. The frontal four parts introduce and analyze the study fruits of the theory of criminal law from concept, character, nature, type, accomplishment of a crime, attempted crime and complicity etc., and discuss the similarities and differences between the aggregated consequential offense and some criminal pattern; they also point difficulty and point out my opinion. Part five analyzes the aggregated consequential offense in Chinese Criminal Law and classifies it. There are a lot of deficiencies in criminal pattern and punishment of criminal law especially that aggregated consequential offense doesn't include crime of abandonment. In addition, the legal punishment of interference with the freedom of marriage by violence and...