Research On The Constitution Of Aggregated Consequential Offense And The Perfection Of Ourcountry’s Related Legislation

The aggravated consequential offense is an important kind of crime pattern in criminal law.Its constitution is complex,so controversial in theory.Because the aggravated consequential offense’s legislation of our country has not been perfectly regulation,judicial personnel have different views on the cases about aggravated consequential offense,which appear different treatment results.Therefore,it’s necessary for us to clarify the theory of aggravated consequential offense,and amend the legislation of aggravated consequential offense of our country.Only in this way can we provide clear theory and legislation of aggravated consequential offense for our country’s judicial practice,and avoid confusion on the cases related to aggravated consequential offense in judicial practice.After research the constitution of aggravated consequential offense,we can understand the fundamental acts of aggravated consequential offense is highly risky,the subjective of fundamental acts is only intention,the aggravated consequence is only victim’s serious injury or death,the subjective of the aggravated consequence is only negligence;the fundamental acts and aggravated consequence must have direct relevance;and the aggregated consequential offense should be aggravated punishment.However,the aggravate degree should appropriately consider the behavior person’s subjective guilt.The controversy about aggravated consequential offense’s theory is widespread.But our country hasn’t the general provisions in the general principles of criminal law,nor set up corresponding accusation in the specific provisions of criminal law.It’s leading to constitutive elements of fundamental acts and aggravated consequence is not clear.Resulting inconsistent standards in identification and treatment of aggravated consequential offense in judicial practice.Therefore,it’s necessary for our country to revise and improve the legislation of aggravated consequential offense.The advantages of aggravated consequential offense’s legislation of different countries and regions are worth our country to learn.The aggregated consequential offense’s legislation of German penal code is both limit the subjective of aggregated consequential offense in the general provisions and made clearly defined in the specific provisions.The Japanese penal code is certain in a form about aggregated consequential offense as an act cause seriously injury or death to others should be aggravated punishment. So the aggregated consequential offense can ben identified relatively easily from a large number of accusation in criminal law.Taiwan penal code regulations negligence and intention culpability form separately.The behavior hold negligence to the aggravated consequence is provisioned aggregated consequential offense.And the behavior hold intention to aggravated consequence is provisioned combinative offense.The penal code of Macao also restrict the aggregated consequential offense’s subjective in the general provisions.And regulations the increased amplitude of sentence in the specific provisions.Through summing up the defects of aggregated consequential offense’s legislation of our country and the advantages of aggregated consequential offense’s legislation of outside.This paper suggestions to perfect the aggregated consequential offense’s legislation of our country.This article believes that the aggregated consequential offense’s legislation of our country should be addition general provisions of aggregated consequential offense in the general principles of criminal law and provisioned the specific crime of aggravated consequential offense in the specific provisions of criminal law.The other forms of crime stipulated in the same clause with aggravated consequential offense originally,should be respectively regulation according different situation.