On Abstract Potential Damage And Material Potential Damage

We can not deny that, regardless of the potential damage offense understandingof the criminal law field, or the judiciary on the specific cases identified, are survivingthe many problems to be unified. In the field of criminal law of our country, the viewof the potential damage offense be divided into abstract&material potential damagehas been in said position. Since the potential damage offense can be divided intoabstract&material potential damage, there must be different. Therefore, I considerthat to understand and identify the potential damage offense can be discussed thepoint of distinction from abstract&material potential damage, rather than the overallconsiderations.The first part mainly introduces the concept of the potential damage offense andthe classification of the potential damage offense. Through the analysis, I thinks thatthe concept of the potential damage offense should be defined according to the natureof risk. The potential damage offense should be divided into abstract&materialpotential damage.That is possible, and is also required.The next part mainly illustrates the difference between abstract&materialpotential damage from three aspects, including the illegal nature of dangerous, thenature of the danger,and the relationship among the potential damage offense&thebehavioral offense&the consequential offence. Abstract potential damage wasestablished according to conduct without value which is considered illegal that theessence of the illegal is on the behavior. The risk of abstract potential damage havehigh probability, the high degree of abstraction and must be judged by the generalsocial life experience.Abstract potential damage belongs to the behavioral offense.Material potential damage was established according to consequence without valuewhich is considered that the essence of the illegal is on the consequence. Materialpotential damage have the occurrence of the real possibility of danger, the low degreeof abstraction and must be judged by the concrete condition of conduct. Materialpotential damage belongs to the consequential offense.Finally,the article mainly analyze our current criminal law legislation onDangerous and discuss the accomplished and attempted of the potential damageoffense, from the two perspectives of the abstract&material potential damage.Through discussing from the two perspectives of abstract&material potential damage,I strive to be as much as possible to eliminate the differences in the two differentranges and ultimately form a unified understanding.