On The Qualification Of Discontinuation Of Potential Damage Offence

Compared with actual damage offense, potential damage offense is one of the important criminal categories under the criminal law. Potential damage offense not only occupies an important position in modern criminal legislation, but also has its characteristics in theoretical research of criminal law. Its characteristics lie in its formation and criminal penalty since there are different standards for the accomplishment between actual damage offense and potential damage offense. Because the history of research on potential damage offense is not long, many theories about it have not reached consensus. Particularly, scholars have different opinions on how to qualify the discontinuation of potential damage offense. The question of the discontinuation of potential damage offense has great influence on the purpose of preventing crime in China’s criminal law and the aim of the legislation on discontinuation of potential damage offence. Therefore, it is of great significance both in theory and practice to make a deep and systematic research on the discontinuation of potential damage offense.Besides introduction and conclusion, this thesis consists of three parts discussing formation of qualification of discontinuation of potential damage offense. Part One discusses theoretical analysis of qualification of discontinuation of potential damage offense. Part Two discusses qualification of discontinuation of abstract potential damage offense and concrete potential damage offense and discusses qualification of discontinuation of potential damage offense in situation where a crime is prepared for, attempted and after required danger appears when a crime is committed. Part three discusses qualification of discontinuation standards of potential damage offense. Through thorough analysis of qualification of discontinuation of potential damage offense, the author considers it necessary for potential damage offense to discontinue. Based on theories and policies of the criminal law, the author put forward qualification of discontinuation of standards for potential damage offense, in hope of improving legislative and judicial practices on this issue.