Consequential Aggravated Judicial Difficult Problems

Is the aggravated consequential offense crime number theory is an importantcriminal pattern, got the attention of many scholars.However, in the theory and thetheory of this field has a lot of, can’t form a unified theory, based on the summary andfinishing on the basis of existing research results, the results of the aggravatedconsequential offense is analyzed some legal problems as the research, in order to bettersolve the legal problems of the aggravated consequential offense.Through this articlebegins with three typical cases as the starting point, which leads to the results of such ina lot of problems exist in the judicial practice. This article only from basic structuredetermination,the aggravated consequential offense unaccomplished offender problemsand special form three disputes more difficult problem.In basic constitute the aggravated consequential offense that part, combined withcase1mainly from subjective and objective elements to the analysis of two aspects inthe aspect of objective elements there are three kinds of theory, the theory of the singleform, compound form theory and risk theory, the theory of three stand on a differentground respectively analysis and solve the results of subjective element of the crime,but in fact the three theories is a gradual process, presents the trapezoid structure.In thispaper, on the basis of combing their respective advantages and disadvantages, formedits own point of view; Level elements in a subjective subjective sin this paper discussesthe basic behavior of the aggravated consequential offense form and worsen the resultsof subjective sin form, expounds the connection between the two, the author believesthat the basic behavior of subjective fault form can only be intentional, aggravating theresults can be intentionally or negligently.In attempted form part of the aggravated consequential offense, and combined withcase2main compound crime exists attempted form of the aggravated consequentialoffense, combing the current academic circles of different theories, this paper analyzed into two categories, namely, affirmation and negation, and on the basis of the twodifferent theories, jump out of the mistake of thinking, to find out some problems of thetwo theories respectively, form their own views, and into the macroscopic system of thebasic theory of attempted crimes in criminal law, finally came to the conclusion thatsupport the establishment of the aggravated consequential offense attempted crime form,and emphasized in the judicial practice, set up a criminal attempt refers to a form morediscontinuation of a crime helps to form, prevent crime serious result of enlargement,has certain positive meaning.In the special shape of the results of such section, combined with the case3to theresults of such an accomplice question research, academic circles at present basicallyhas full affirmation and discriminate between two views, is all about the existence of theaggravated consequential offense accomplice and study of the problem of how to bearcriminal responsibility. This paper also discussed on the basis of this, think of theaggravated consequential offense defined at the end of the day there may be only ofjoint-crime is the result of the increase under the condition of common crime, theaccomplished principle can apply to a person with all.In addition, respectively discussesthe responsibility of the aggravated consequential offense in a joint crime problem, tryto configure a judgment standard to guide the practice of the aggravated consequentialoffense.