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The Study About The Accomplishesed Offences Of Potential Damage Offense

Posted on:2014-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y N ZhaoFull Text:PDF
GTID:2256330401486046Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The potential damage offense is a kind of crime that opposite to actual damage offence, and is vital important pattern in theory and practice. The standard of accomplished offences is the core of the suspended state of potential damage offense. China’s criminal theory of potential damage offense mainly rooted in the civil law criminal law theory, and on the question of judgment about the standard of accomplished offences benevolent see benevolence, the wise see wisdom. The paper starts from the concept of potential damage offense the definition, with the standard of accomplished offences clearly, and defines the dangerous state scientific, in addition, try to improve the suspended state theory of potential damage offense.First of all, the first chapter defines the concept of potential damage offense. The author analyses and compares the concept of potential damage offense theory in the civil criminal law system and our continental criminal theory. After analyzing many represent opinions, the author thinks the potential damage offense, on the one hand, is behavior person based on actual intent subjective form for a dangerous act which led to the legal dangerous state can form accomplished crime, on the other hand, is behavior person based on indirect intent and negligence form for a dangerous act which led to the legal dangerous state can form crime.Secondly, the second chapter revises the unreasonable factors about the current accomplished offences standard study of potential damage offense on the basis of affirmation that potential damage offense have accomplished offences formation and other suspended states formation. The author thinks the accomplished offences standard of the potential damage offense is the legal dangerous state become effective.Once again, the third chapter focuses on the study about dangerous state identification. The author explains the relationship between the dangerous state and violation of legal interests. The paper confirms the concept of the dangerous state is the dangerous fact that behavior violates the object which can cause some actual damage consequence. Then, the paper classify the dangerous state, puts forward and explain the classification of dangerous state of early stage and the dangerous state of effective stage. On the basis of judge date, benchmark of judgment and judge points, combining with the case facts, the author judges the dangerous state of effective stage specially, and confirm the accomplished offences standard of the potential damage offense.The fourth part of the last article, after solving the problems of the accomplished offences standard of the potential damage offense, in view of the close connection between the accomplished offences and other suspended states, the author carry out a brief description for application of other suspended states of potential damage offense as a whole.
Keywords/Search Tags:potential damage offense, violation of legal interests, accomplished offense standard, dangerous state
PDF Full Text Request
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