The Guilty Mind’s Form Of The Result-Aggravated Crime

The result-aggravated crime is a composite type of crime made from two parts of the basic crime and aggravated consequence, which is a concept of criminal jurisprudence from civil law system. However, a wide range of disputes exists in the criminal theory. In particular, the problem is controversial especially in the form of the guilty mind of the result-aggravated crime. The guilty mind the result-aggravated crime totally involves two aspects:one is the subjective structure of the result-aggravated crime; the other is the two components of the basic crime and aggravated consequence in the form of their own guilty minds.With respect to the subjective structure of the result-aggravated crime, there are three perspectives in criminal theory:double sin theory, specific risk theory and subjective sin theory. Double sin theory is the mainstream theory, which is also the view held in the following passage. It is insisted that the guilty mind form of the result-aggravated crime is combined with the guilty mind of basic crime and the guilty mind of aggravated consequence.There also exist different opinions about the form of two parts of the result-aggravated crime in the theoretical circle of criminal law. For the basic form of crime, the dispute mainly lies in whether this form can be negligent or not, and this article argues the view that the basic crime is usually intentional sin form, but also for negligence. For aggravating result sin form, its focus is whether the increase corporate results can be formed for deliberately. To this issue, this article also held positive views that increase form is commonly fault results, but does not rule out deliberately.In the classification of the result-aggravated crime, the form is one of the most main, and common division standard. Both in integral form as the standard, the result-aggravated crime should have as standard in the form of basic criminal transgression, and to the sins of the aggravating result form as a standard. Among them, the basic crime on purpose, aggravating result for negligence is the most typical of the result-aggravated crime, which is defined to as the pure result-aggravated crime. And other types are called impure result-aggravated crime.The form of crime plays an important role in judging whether the result-aggravated crime exists. In criminal law theory, there are two opposing views about whether there is attempted result-aggravated crime. Some people hold that there is no attempted result-aggravated crime but whether the result-aggravated crime is set up or not. While the others think that as a kind of consequential offense, the result-aggravated crime is likely to be existed. My article agrees the later, concluding the point of view that the attempted aggravated consequential offense is established but its range is very limited, only in the result of the increase can be a intentional crime behavior of compound type of the aggravated consequential offense, and if the aggravated results did not happen because of other reasons except the offender’s intention, can the result-aggravated crime be able to be set up.