Analyse The Aggregated Consequential Offense Basing On The Attempted Offense In Real Case

The present criminal legislation in our country doesn't make a completed and systematic provision for the aggregated consequential offense, but some relevant provisions scattered in the criminal laws, which do not have the inconsistency. At the same time, the fusion of concepts of the essential offense, the aggravated result and the attempted offense cause the complex relationship among them, therefore, theorists have different views on the nature, the structure characteristic and the patterns of crime and other problems of the aggregated consequential offense. In practice, owning to the essential crimal behavior of the aggregated consequential offense has a highly probability of aggravated results, of the aggregated consequential offense cases happens frequently. Compared with the basic crime, the criminal law stipulates a much severer legally-prescribed punishment on the aggregated consequential offense. As to defining crime pattern of aggregated consequential offenses basing on the attempted offense, it concerns closely to the freedom even lives of criminal suspects. Hence, the conviction especially measurement of the consequential offense has a considerable meaning.Given the importance of the aggregated consequential offense both in theory and practice, this thesis, taking the related cases as a point of view, analysis and discussion the relative problems of the aggregated consequential offense in-depth. Then the author delivered her own ideas in order to clarify the relevant disputes from roots and draw a seasonable and consistent conclusion to better guide the judicial practice.This thesis contains four parts:The first part is the case and controversial problems. The author takes a typical case as a starting point,and by listing the relevant views about the structure and criminal patterns of the aggregated consequential offense in criminal theory and practice, the author summarizes the main issues disputed in this case.The second part is the theory analysis of the aggregated consequential offense.The author analyzes the basic concept, the nature and the structure characteristic of the aggregated consequential offense thoroughly and then a reasonable viewpoint is concluded so as to define the aggregated consequential offense right from the source.The third part is the crime pattern of the attempted aggregated consequential offense. In this part the author compares and analsizes the advantages and disadvantages of the existing theory about how to cognizancethe crime pattern of the aggregated consequential offense basing on the attempted offense, that is, the "must", "negative" and "difference" theories. Then the author advocates her aspects of ideas from the nature of the aggregated consequential offense, the basic theory of the criminal law, the legal environment and traditional ideas and penalty.The fourth part is the analysis of the case.Regress from the theoretical analysis above into the case, the author will answer the three controversial questions and guide the crimination and penalty in the case, so as to make this study significative to solving practical problems.