Endanger The Results Of Research

Harmful consequence is an important element of the constitution of crime. However, so far, the literati of criminal theory have many arguments over the concept of the harmful consequence and many other problems referring to the harmful consequence. On the foundation of the existing researches of home and board and starting from the concept of the harmful consequence, this article advances some new perspectives on the fundamental theory and some other theoretical problems of the harmful consequence.This article is composed of more than 30000 Chinese characters and consists of three chapters:Chapter one investigates the fundamental theory of the harmful consequence from the angle of ontology. First, this article introduces and commends the existing theories of the harmful consequence. Further, the author point out that the existing theory of the concept of the harmful consequence has all some deformities and the concept of the harmful consequence should be has two basic characteristics which are factual characteristic and legal characteristic. Second, this article demonstrates four problems which should be solved before we define the concept of the harmful consequence. The four problems are that the harmful consequence must be comprehended in the narrow sense, the danger is not a kind of harmful consequence, the legal characteristic of the harmful consequence should be related with the direct crime objective, and the factual characteristic of the harmful consequence should be related with the crime target, therefore, this article arrives the concept of the harmful consequence, which is that the harmful consequence is facts caused by the criminal behavior which embody the characteristic of the direct criminal objective. Third, this article thinks that the harmful consequence is not a necessary element in the constitution of crime, only in the consequential offence the harmful consequence is a necessary element. Final, this article thinks that the harmful consequence can be divided into two categories which are...