Aggravated Offense By A Number Of Issues

Aggravated-circumstance offender is the person which behavior is the basic crime behaviour and has legislative aggravated-circumstance when the criminal law stipulates the aggravated punishment in the aggravated-circumstance . In 1997 penal codes , there are a great deal of circumstance-aggravated offenders in the specific provisions of criminal law . If there are regulations about circumstance-aggravated offenders in the legislative explanation or judicatory explanation , then the judgers depend on legislative explanation or judicatory explanation; if not, the judgers have the discretion .So it is important to study circumstance-aggravated offenders in theoritical and judicial activity .which is helpful to distinguish felony with minor offense , to confine discretion , to maintain the balance between a crime and a punishment. This thesis will, based on the current study of aggravated offence by circumstances, study the basic problems includes the elaboration of the definition , circumstance-aggravated offenders , unfinished mode ofaggravated offence , joint crime and quantity of aggravated offence and so on.The first part elaborates the definition and features of aggravated offence by circumstance, the relative independence of circumstance-aggravated offenders is talked in the defination of circumstance-aggravated offenders . From the author' s viewpoint, aggravated circumstance is the constitutive elements of crime but not sentencing circumstance. To the unfinished mode of circumstance-aggravated offender, the author thinks that aggravated circumstance and basic offender is the one whole but not two parts. The finished mode of circumstance-aggravated offenders depends on the basic offender. The second part analyzes legislative mode of aggravated offence by circumstances in criminal law of China. Then the author suggest to decrease ambiguous words in regulations of abstract aggravated circumstance by summarizing practical experience and legislative explanation or judicatory explanation for confining discretion.The third part elaborates circumstance-aggravated offenders, joint crime and quantity. Firstly , the thesis analyzes the relation between circumstance-aggravated offenders and joint crime , and common intent , common behavior , common cause of joint crime under this relationship . Secondly, this thesis analyzes the intersect relation between circumstance-aggravatedoffenders and joint crime.The fourth part discusses how to determine the aggravated circumstances from the fact , especially the abstract aggravated circumstances . From the author' s viewpoints , aggravated circumstances is the circumstances which indicates the serious social harmfulness is beyond basic offence and the legislative punishment...