The Research On The Legal Punishment Of The Aggravated Consequential Offence

The aggregated consequential offense is a crime pattern that the basic crime occursaggravated consequence and criminal law stipulates the heavier punishment. Under theguidance of the thoughts of the light punishment, the rationality of legal punishment of theaggregated consequential offense is questioned more and more. Exploring the aggravatedpunishment basis from nature cannot get effective conclusion. With the principle of suitingpunishment to crime as the logic starting point, by means of mathematical modeling andapplication of the formula, making clear the current range of The formal rationality first,combining the substantive rationality requirements to make a comprehensive exploration, notonly reveals the law of mathematical reason, but also provides a new train of thought onexamination of rationality of the legal punishment.The introduction mainly talks about the necessity and the important significance of the studyof the rationality of legal punishment of the aggregated consequential offense and points outthe existing shortcomings of study method. Except the introduction and conclusion, thedissertation can be divided into four parts.The first part introduces the legislative status and theoretical controversy of the legalpunishment of the aggregated consequential offense. This article defines the scope of theaggregated consequential offense by taking the formal and substantive judgment, and dividesthe aggregated consequential offense into different categories according to different standards.This article also summarizes the characteristics of the penalty legislation through thecomparison of mainly legal punishment of the aggregated consequential offense, and talksabout the theoretical controversy of the legal punishment and essence of the aggregatedconsequential offense, including theory of abolishment、correction、combination、danger、Independent、limit.The second part is the key point of this article, which talks about the rationality of legalpunishment of the aggregated consequential offense. First, the legal punishment and thegravity of a crime are corresponding, and the gravity of a crime is determined by objectiveharmfulness and subjective malignant, which are the benefit of law and culpability from thelegislative perspective. Second, the article builds a model about “punishment-objectiveharmfulness-subjective malignant” according to the classification of the aggregatedconsequential offense. Besides, this article explores the forms of legislation example by theformula about “gravity of a crime=objective harmfulness×subjective malignant”, so it candraw a conclusion that the legal punishment of the aggregated consequential offense shouldbe more serious than the sum of the legal punishment of basic crime and negligent crime, andclose to the punishment of intentional crime. Last, this article explores the rationality of legalpunishment of the aggregated consequential offense from the angle of essence, such as theinternal requirements of the principle of balance between crime and punishment、therealization of the purpose of penalty.The third part discusses how to ensure the rationality of legal punishment of theaggregated consequential offense from the judicial aspect. It’s not enough to realize fairness by legislation, we must limit the sentencing and the range of the aggregated consequentialoffense by justice.The fourth part puts forward suggestions about some aggregated consequential offenseswhich are contrary of the principle of balance between crime and punishment, such as theviolence crime of interference with the freedom of marriage.