Aggravated Offense By The Study Of Difficult Problems

Guilty of aggravated criminal law in our country there is a wide range, our country is a major feature of the Penal Code. Civil law countries tend to adopt expressly enumerated in the judicial practice to solve such problems encountered. China's criminal law scholars on the issue of the research carried out must have made some of the fruits and am pleased to see our way. But still inadequate, guilty of aggravated circumstances such as research on the efforts not enough, so far, only a handful of monographs, relevant thesis also rare. This paper attempts, through detailed analysis, a number of ways of committing aggravated problems related to analysis and discussion of the legal theory would like to have a beneficial impact. For committing aggravated, the author discusses four aspects:The first part is an overview of committing aggravated. Analysis of this part of the main plot committed to increase the number of content related to the following question the other lay the foundation for the study. I mainly from the perspective of analysis of the following three: First, the author committed to the concept of aggravating circumstances the definition and characteristics of the analysis, listed in the current criminal law scholars at the three representative opinion, opinion in relation to these three priority After disadvantage, put forward their own ideas and analysis. Characteristics from the subjective and objective conditions aggravated explained the characteristics of offenders. Second, the circumstances of the meaning of criminal law, guilty of aggravated nature, who aggravated the study discusses the rationale for the classification. Aggravated circumstances because of the common understanding of the role of navigation, so there is need for refinement and analysis of issues related to the plot. I listed the current scholars of our country to understand the different circumstances and put forward their views. Guilty of the aggravating circumstances of the aggravating circumstances the nature of the specific analysis of the circumstances of an aggravating circumstance rather than conviction, as the circumstances of the sentence. The final list of aggravating circumstances in our country who recognized the classification comparison. Third, the analysis of committed aggravated the performance of the structure and legislation. Focuses on the basic crime of aggravating circumstances and the relationship between the aggravating circumstances committed in aggravating circumstances at the position, as well as aggravated criminal law committed in the performance.Aggravated circumstances because of the common understanding of the role of navigation, so there is need for refinement and analysis of issues related to the plot. I listed the current scholars of our country to understand the different circumstances and put forward their views. Third, commit aggravated on the aggravating circumstances the nature of the specific analysis of the circumstances of an aggravating circumstance rather than conviction, as the circumstances of the sentence. Fourth, an analysis of committed aggravated the performance of the structure and legislation. Focuses on the basic crime of aggravating circumstances and the relationship between the aggravating circumstances committed in aggravating circumstances at the position, as well as aggravated criminal law committed in the performance.The second part is to discuss whether there is guilty of aggravated attempted questions. Guilty of the attempted aggravated circumstances exist or not, in theory, have different views, the author analyzed at two opposing opinion, the existence consider committing attempted aggravated form. This is aggravated because of the structure of different offenders committed and basic, although the establishment of aggravated committed to the basic premise of the existence of committed, but there is relatively independent. Committed from the basic to the development of committed aggravated the course of the completion of the form can not exist.Are discussed in the third part of a common crime committed with aggravating circumstances of the relationship. Involved in crime because of the common questions are too broad, so, I only selected aspects of a discussion. This area and abettor is guilty of aggravated relations. Specific point of view on performance-based abetting aggravated offenders, as well as subjective factors determine the method, a causal relationship between the two expressions (the same relations and cross-relations).Part IV discusses the aggravating circumstances of offenders and legislation to improve the legislative model. Explained the specific aggravating circumstances committed in civil law countries and regions in the manifestations, committed aggravated criminal law of our country at the inadequacies of three, and finally put forward their own legislative proposals and discussed.