Perilous Problems Research

Potential damage offense, as a comparatively abstract problem, continent law department criminal law theory is comparatitvely riper in study on this problem. Related dispute of the potential damage offense in our theory is more controversial. This thesis makes a concrete analyze of the potential damage offense's definition of the dangerous state, the reserve or abatement of the potential damage offense, discrimination of its classification, debate of forms of crimes and the existing question of the present criminal legislation in china Each part is relatively independent but also connected to each other.The thesis is composed of 5 sections, over 30, 000 words:Part I: The first part of this paper is the theory analysis of the danger,the dangerous state and the dangerous result. The research of potential damage offense is necessarily based on the reasonable definition of "the dangerous state". The danger is not only deferent from the general meaning of the criminal offence's danger in criminal law, but also a kind of the result's danger. The dangerous state which caused by dangerous acts is independent spatial-temporal pattern objective state. The dangerous result can be considered as a kind of the crime's harm result Secondly, this paper analyses the definition and the orientation of the dangerous state through comparison of the two groups concept which are the difference between danger and dangerous state and the relationship between danger results and dangerous states. To the dangerous criminal, the dangerous state is categorized into result and danger is only a tendency. To some sense, the dangerous state is the same with the dangerous result in the intension. Originally some end, the article makes a definition to the concept of the dangerous state.Part II: This part mainly discusses the essence of penalty of the potential damage offense, and then introduces the negative theory and the positive theory which is chosen by me of potential damage offenses. The establishment of the potential damage offense is very necessary to the in-advance protection of the legal interest in modern society. Therefore, the definition of the potential damage offense is that its existing condition is the appearance of legal danger to the society relation protected by The Crime Law and that it's indicate of accomplished offense is the appearance of legal danger state which is caused by the harmful behavior.Part III: At first are the two important kinds of classification of potential damage offenses on science. Then it is concrete to describe especially the legitimacy of abstract potential damage offenses and involuntary potential damage offenses. The abstract potential damage offense which aims to protect the legal interest in advance is obviously different from behavioral offense. To the involuntary potential damage offense, the negative theory and the positive theory have different views. This article has the view that the involuntary potential damage offense is necessary to establish. Although the dangerous state is not actual damage consequence, it's a category of harmful result. Therefore the potential damage offense is belonging to the consequential offense. It should make a choice of criminalizing some involuntary dangerous behavior, but the legislation of involuntary potential damage offenses should be limited in some degree.Part IV: This part study on the patterns of the potential damage offense, which includes the criminal pattern and the unfinished form of the potential damage offense. For the former, a discussion that the potential damage offense belongs to attempted crime or accomplished crime is presented. The nature of the potential damage offense is actually unaccomplished crime. For the needs of the objective conditions, legislators make the potential damage offense as an independent accomplished crime. Secondly, the text discerns the relationship among the potential damage offense and the action offence, the result offence. The question on the unfinished form of the potential damage offense needs to be divided into three situations. The first, the prepared forms of the potential damage offense can exist before the potential damage offense is finished The second, because the potential damage offense is actually the unaccomplished crime of actual damage offence, it's impossible to have its unaccomplished form. The third is the study of the form of discontinued crime of the potential damage offense.