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Research On The Aggravated Consequential Offence Issue

Posted on:2015-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:H H LiuFull Text:PDF
GTID:2266330428457476Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Aggregated Consequential as a special type of crime, both at our country and abroadthere are many legislations, its domestic and international criminal law theory has alsodiscussed. Aggregated Consequential although exit a long time, but because of the special ofits nature and composition, so that it generates a lot of propositions around the differences.Although this article is to explore the theme of Aggregated Consequential attempted, butbefore analyzing patterns of crime problems Aggregated Consequential, the fundamentalproblem of Aggregated Consequential must first be defined, in which the most important isthe type of problem Aggregated Consequential. Aggregated Consequential herein domainmainly include two types, one is the "intentional+fault" Aggregated Consequential this typetypically exist, and the second is the type of "intentional+intentional" This limitation existsAggregated Consequential Offense.Aggregated Consequential attempted for the existence of the problem of form, has beenplagued by criminal law theory and practice, there are certainly negative to say and say thetwo views, and have put forward a relatively reasonable explanation and propositions.Aggregated Consequential attempted to deny the existence of forms, had been through ourcriminal law theorists say, however, with the development of the theory and practice ofcriminal law, is facing a severe test negative to say, there have been negative criticismscholars say is reasonable, to a certain extent said on promoting a positive development, saidthe views and ideas will certainly gradually accepted by scholars. In addition, there arecertainly better forms Aggregated Consequential attempted to solve a variety of problemsthat appear in judicial practice, on the conviction and sentencing has played a guiding role,but also to adapt to the development of criminal culpability and extension principles. Today,on the issue of Aggregated Consequential Offense attempted form is still not certain, widelycontroversial proposition does not relieve us to explore this passion, although it is difficult toachieve the effect of settling disputes, but it can be useful to the debate and discussionexpand the breadth and depth of this proposition. Therefore, this is not a one-sided pursuit ofquestions to explore the accuracy of the conclusions, but to find a more reasonable solution,in essence, is the point of discussing what more desirability. Basic point of this article is definitely Aggregated Consequential attempted morphologyexists, but its existence was not widely recognized in the Aggregated Consequential anyoccasion. Because of Aggregated Consequential crime and aggravated by the results of twobasic parts, so inevitably there are several scenarios. Aggregated Consequential attempted toexplore forms must put it on the setting under specific circumstances, from the analysis ofdifferent levels and angles, in order to obtain a relatively reasonable conclusion. In this paper,the basic crime as a starting point to explore the range of Aggregated Consequentialattempted exist, there are two cases: one is guilty of attempted consummated basic form ofAggregated Consequential problems, mainly refers to the case of basic crime consummated,the results of the crime did not occur; the second problem is the basic form of attemptedAggregated Consequential guilty, according to the results of increased incidence or not, canalso be subdivided into two specific cases, adding the results and the results of the basicresults and aggravated occurs when neither appear that the basic offense of attempted.Through the detailed analysis of the existence of different situations AggregatedConsequential attempted form, summed up the range of Aggregated Consequential attemptedform of existence, is the subject of this article, but also the core of this article.Since it is attempted to explore the issue Aggregated Consequential, it inevitablyinvolves the theory of the crime attempted. Consequential Aggravated offenses constitute arelatively special, special theory attempted crime exists, but as part of the attempted crimetheory, must be analyzed to identify the related theories attempted crime. Attempted crimereflects the nature of the characteristic properties of attempted crime, the paper alsoattempted departure from the characteristics of the crime, from the "start","did not succeed"and "for reasons other than the will of the" three aspects of starting ConsequentialAggravated Attempted specifically addressed, to analyze and combine related offenses,Consequential Aggravated attempted to make more operational.
Keywords/Search Tags:Aggravated consequential, attempted crime, the basic crime, the aggravated consequence
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