Theoretical Research On The Aggravated Consequential Offence

The result-aggravated crime is an important concept in the criminal law theory. From the fact of the research of the aggravated consequential offence, there are two opinions-the broad and the narrow opinions. Through the analysis, the author holds the belief that the type of the aggravated consequential offence in our country's criminal law should be single type, where intention corresponds to the basic crime and negligence to the aggravated consequence. Embarks from this basic point, goes round the result-aggravated crime to addfelon's crime form question, stressed that aggravates the relative independence in the basic commit, the aggravation result appearance is finally the basic criminality nature extends, will thus add felon's concept to define that finally "(intentional) essential offense+(unpremeditated) Aggravating result Criminal pattern" in this type.The aggravated results of Consequential offense should be the result of outside the logical result of the basic crime, which not the same as the basic results. And therefore it does not belong to the basic offense of the crime results. In nature, it belongs to the aggravating circumstance specified by law. The results of imaginative joinder of offenses either homogeneous results can also be a heterogeneous results."The behavior" of imaginative joinder is an act of natural significance, the number of acts of legal significance. The imaginative joinder of offenses is a substantial number of crimes. To the Imaginative joinder of Offenses, it should be punished combinedly, but only because of the sake of criminal competing, it "is punished as a heavy offense"; The legislative reasons of the transforming crime is that, in the implementation process, the criminal behavior produces the results, which the basic crime can not be contained, so that the whole nature of the crime occurred conversion. Every elements of the transforming crime is closely linked with criminal results.The essence of the consequential offense is the basic act of deliberately associated with high-risk and increase the results of negligence by the act itself attached. Consequential offense is built on top of high-risk behavior. The aggravated consequence is the realization of this behavior comes with the risk. Consequential offense is a crime situations exist independently of the value, which has a distinctive crime constitution. Its prominent feature is "A behavior, double sin, the composite outcome". Classification of consequential offense of, a single act and composite act are the theoretical basis for this paper. Regardless of the status of research consequential offense, or is it a reasonable reflection considerations consequential offense, such classification kill two birds with one stone.According to the author of consequential offense classification, Roughly divided into pure consequential offense and not pure consequential offense, not pure consequential offense is able to refer to criminal law theory to be to solve the crime and problems. Pure consequential offense refers to the type of "intentional+fault". To admit that expansion is not pure form of the stop form of consequential offense for the needs of criminal justice practice, better able to achieve the offense principle of proportionality, which also is the unity of justice and utilitarian.To face to clarify the huge project of consequential offense, maybe starting with the theory of the amount of crimes and the theory of the crime competing, observing and studying outside the criminal law theory and practice in order to give a clear position of the consequential offense, we can finally identify the basic structure of the consequential offense, and thus gradually to exhibit the correct principles of consequential offense.In this thesis, the redefinition of the consequential offense is the logical premise and foundation. In order to clarify the basic problem of consequential offense, and re-establish the rightful place of consequential offense in our criminal law theory, I tried to analysis and discussion on the relationship between consequential offense and quantity of crime, consequential offense and unfinished form, consequential offense and approximation concepts. If you must identify innovations from this paper, it barely be regarded as an innovative?!...