| Potential damage offense is an important type of Chinese criminal law, which involves a number of basic criminal law theory. As to the research of potential damage offense, there are still many heated arguments. Therefore, clarifying the basic theoretical issues, which has theoretical value and practical significance. The issues involved are very complex, only a master paper is not enough space for their comprehensive and systematic exposition. Therefore, the author select the unfinished form of potential damage offense for the study, its significance lies in: the judicial practice of the suspension of the potential damage offense is often very difficult to deal with. For example, after the occurrence of the statutory dangerous state, whether to establish the potential damage offense, which is the greatest dispute. The answer the above-mentioned questions has the relations with the fate of offenders. The answer is different, the fate of offenders is also very different. This shows that the unfinished form of potential damage offense have research value.This paper is divided into three parts, more than 30,000 words. The unfinished form of potential damage offense made more comprehensive exposition.Given the so-called wife, to explore patterns dangerous unfinished, first of all, we should discuss the question whether potential damage offense to have independent existence and unfinished form. Some scholars believe that potential damage offense is the attempted state of the actual damage offense, this paper argues that this point of view there are problems. The author believe that potential damage offense has the value of its independent existence, it should take its place in our theory of criminal law . At the same time, the unfinished form of potential damage offense is established in theory. Because the attempted state and the accomplished state which are normally completed in all type of intentional crime, potential damage offense as a common type of crime, which should have the distinction of accomplished with attempted.Regarding the standards for accomplished state with attempted state of potential damage offense, which are discussed in detail. Through evaluation, I think that the constitutive requirements as the distinction between completed and attempted crimes which is the basic desirable. This is because the standard which stand in the perspective of legislators, so as to find a relatively scientific footing for he standards for accomplished state with attempted state of potential damage offense. After evaluating the dangerous state elements of potential damage of concrete and abstract, I think, the dangerous state should be analyzed to determine ways and means to act against, against the target as well as the analysis of actual harm results to the possibility.Finally the paper discusses unfinished form of potential damage offense in detail. Unfinished form of potential damage offense refers to the preparatory state of potential damage offense, the attempted state of Potential damage offense, the discontinuation state of the potential damage offense. After analysis of the concept of and characteristics of various forms , I believe that the punishment of the preparatory state of potential damage offense, the attempted state of potential damage offense and the discontinuation state of the potential damage offense must be in accordance with Chinese Criminal code in article 22, paragraph 2, Article 23, paragraph 2 of this article and article 24, paragraph 2, of the Covenant. How to judge the start in the attempted state of Potential damage offense, I think that two aspects should be taken into account. First of all, as a result of the law is to determine the specific acts of potential damage offense, so that the start should be in accordance with the act of Potential damage. Secondly, the "start" is the beginning of the implementation of acts, conduct and practice are inextricably linked. The author maintains that the doctrine of the completion of the potential damage offense should be adbocated. |
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