Knotty Problem Research On Aggravated Criminal

Look from the number, there are a large amount of aggravating circumstances existing in the criminal code, accounting for about a third of the total number of criminal law article. Aggravated offense by circumstances is a kind of crime that the criminal law aggravates the punishment of the common crime implementation with other serious circumstances. This concept is not only characterized by clearing the aggravating offence characteristics, but also including different relationships between various types of crime with aggravated circumstances and the constitution of crime.Look from the nature, aggravated offense by circumstances includes not only the specific provision one but also the Abstract epitome. Both to the influence of convicted with independent aggravating one and only to the influence of the sentencing one, the complex situation is obvious. Most domestic research does not be indistinguishable from writings about the aggravated offense by circumstances, either all as independent aggravating constitute a view or all as the aggravating circumstances penalty look at problems. In my opinion, This does not make the type of sexual distinction between overall qualitative viewpoint is open to question. Through to the overall view on the basis of qualitative criticism, put forward to distinguish, type research points of view.The specific aggravated offense by circumstances can be divided into the aggravated offense by means, the aggravated offense by objects, the aggravated offense by spots, the aggravated offense by time, the aggravated offense by behavior, the aggravated offense by amount and the aggravated offense by identity, in which the aggravated offense by means, the aggravated offense by objects, the aggravated offense by spots, the aggravated offense by time and the aggravated offense by different kind of behavior belong to the pure crime with aggravated circumstances. Because the aggravating circumstances of these five types of specific aggravated offense by circumstances combine with the general constitutions elements, they form a new type of behavior different from common crime, as well as an independent aggravating constitution of a crime. The abstract aggravated offence by circumstances are provisioned usually some examples generally by the judicial interpretation, but these examples do not have legal characteristics. That is to say, even if behaviors comply with the plots of judicial interpretation, it may not constitute the aggravated offense by circumstances, In addition, from the content of the judicial interpretations, the abstract aggravated offense by circumstances do not have independent crime constitution because of not form the different type of behavior from the ordinary crime. As a result, the abstract aggravated offense by circumstances can only be as no-pure aggravated crime by circumstances to look at.There are different structure between the pure crime with aggravated circumstances and the no-pure one. The pure aggravated offense by circumstances combines with the general constitutions elements and forms a new type of behavior, as well as an independent aggravating constitution of a crime. Compared with the ordinary crime, the pure one with independency has an independent aggravating crime constitution and its aggravating circumstances belong to convicted plots. The no-pure one is established on the basis of common crime, because of the aggravating circumstances, increased its legal punishment. Compared with the ordinary crime, the no-pure one of which the aggravating circumstances belong to circumstance for sentencing does not have independency, so as to rely on the ordinary crime.In the understanding content of the aggravated offense by circumstances, actor of the pure aggravated crime must know the fact of the aggravating circumstances. Based on the responsibility, such aggravating spots belong to constituent elements. If the actor makes mistakes to aggravating circumstances of the pure one, we can deal with it according to the constituents know mistakes theory. When the actor can’t realize the illegality of the behavior or inevitably produce illegality know mistake, it can be the reason to responsibility for blocking. If the actor recognizes his behavior is illegal, but just not recognize its behavior will produce aggravating legal punishment, it cannot hinder the responsibility. The cognitive content of the no-pure aggravated offense by circumstance is coincided with the ordinary crime. They both do not require the actor has the cognition (or cognitive possibility) of the aggravating circumstances.On the form of the aggravated offense by circumstance, the attempted form of the aggravated crime has different conditions. The pure aggravated crime has independent crime constitution, so it may exist attempted form. On the opposite, the no-pure one does not have independent crime constitution, so its attempted form is impossible existed. On the crime number form of the aggravated offense by circumstance, it may be a legal sin, a sin in nature, continuous offence, involved crime, imaginative joinder of offenses, the same kinds of plural crimes. On the joint offense form of the aggravated offense by circumstance, if two or more actors have joint behavior which is conformed to the aggravated constitution and have joint intent, it can constitute the same relationship between the aggravated offense by circumstance and the joint offense form. If the actor carry out the common crime with joint intent and all of the joiner or their joint behavior are increased the legal punishment for the aggravating fact, they both belong to the no-pure aggravated offense. When the aggravated offense by circumstance and the joint crime form have cross relations, to the implementation of the common crime outside of the accord with the practice of the behavior of the aggravating constitute made for people, its perpetrating act is correspondent with the aggravated constitution and they have joint intend, they belong to the pure aggravated offense by circumstance. Only the ordinary crime for implementation of the practice of making speaking, this part of the actor’s behavior with only a ordinary crime, has the implementation of the crime of intentionally of ordinary, the ordinary legal punishment according to make sentencing class set of punishment. In the plot of the no-pure one, the formation of the joint crime is accomplished in the stage of the ordinary crime.