Research On Some Problems Of The Aggravated Consequential Offence

The nature of"Crime of aggravated Result theory"in continental criminal law has experienced a "single form theory"," constituent elements theory " and now the "danger theory" ,"single form ".Because of its breach of duty, the single form theory had been thrown into a heap of papers of history ; "constituent elements theory"made some contributions to the development of the nature of guilty of aggravated result theory.The theory: consequential offense with the underlying crime committed with a different quality, its main characteristic is transcendent, that is, the results add to constitute a crime beyond the basic scope of a composition of elements heavier. Because of the deferents quality of different crimes. The basic constituent elements of crime and its aggravated crime is naturally different. And advocate between the results add to the basic behavior and must have considerable causal relationship.However, the theory is still can not explains the reasons of increasing the results of the bisic behavior.Terefore, the theory has left criminal feild; In present ,"danger theory "is the most popular view in continental criminal.This theory initially porposed that the studying the consequential offense theory should by studing the basic behavior."Danger theory believed that the basic behavior of the crime of aggravated result is inherently contains the results which caused by the bisic behavior. And by this way,danger theory established a close relationship between the results and bisic behavior. However, the theory can not fully explain the subjective aspect of crime of aggravated result,its direct consequence is that the theory is still can not completely explain the overheaily penalties of crime of aggravated result.Based on the perspectives of danger theory,I will convert the ideas which based on the overheaily penalties of crime of aggravated result to prove the nature of crime of aggravated result.The basic behavior, the law protected interests by the fundamental interests of crime and the law protected interests by the Increase results, the perpetrator of the results of the subjective aspects of aggravated criminal policy and instructions.The final conclusion is: the subjective aspect of the crime of aggravated result is deliberation(generally is indirect intentiona), the nature of crime of aggravated result is a punishment form of deliberately aggravation of the increasing results or the punishments form of the bisic crime and the increasing results,only without the objective evidences.Under the premise of this conclusion, I will propose the establishments of the crime of aggravated result. And discuss several important issues of crime of aggravated result through specific cases and legislations. These basic issues include the basic behavior which the crime of aggravated result requireiments,the causality between the aggravated results,if the guilty of aggravated results have attemption,and the form of the bisic behavior.