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The Aggravated Consequential Offence

Posted on:2015-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:P PengFull Text:PDF
GTID:2266330428968756Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The concept of aggregated consequential offense from the church law of "self trapping zone theory", its meaning is mainly refers to the perpetrators have not justified behavior, thus responsible for what had happened. Aggravated offense is a criminal law theory about the pattern of crime number is a very important concept, as a special form of crime, domestic and foreign scholars have profound research. However, with the deepening of the theory research, found that the theory is comprehensive, complex, various countries research perspectives and values are not the same, the conclusions are not the same, more importantly there are also big differences between the research scholars at home and abroad, for example, the concept of aggregated consequential offense is only guilty, the broad and narrow sense. Thus it can be seen, although the results of the present study about the theory of aggregated consequential offense is very rich, but the view is great controversy between, it is difficult to reach a consensus. Therefore, I think, to clarify the dispute between various viewpoints, correctly grasp the identification problem of the aggregated consequential offense, for a better understanding of a number of forms of this crime, improve the theory, legislation and in practice the accurate conviction and sentencing is very necessary.I tried to repeat with controversial results from view, from the shallower to the deeper, from the outside to the inside, in contrast to different views of scholars on the basis of the study, proposed own view, hope to have a.better understanding of this theory, so as to provide beneficial reference for the aggravated consequential offence applicable law, to better serve the judicial practice. I will pass through the following three parts elaborate.The first part introduces the concept, characteristics, nature of aggregated consequential offense and the abolition of the dispute. The introduction of the concept of mainly three kinds of views at present as the foundation, after comprehensive analysis that narrow sense conclusion; all the theoretical research cannot do without characteristic summary, it helps to understand the theory of the condition in a very short period of time in the US; finally, the essence of total node aggregated consequential offense combined with the theoretical problems, explore the future trend of the theory of aggravated resultsThe second part introduces the specific structure of the aggregated consequential offense, to aggregated consequential offense has a more thorough understanding, we must analyze its inner structure, starting from the basic behavior of causal relationship I have serious results, and between them, the nature and the aggravated consequence to define the basic behavior, combining the criminal law on the causal relationship the theoretical basis to judge between the two "association".The third part introduces the attempted form of aggregated consequential offense, attempted offense aggravated consequential identification is a very difficult problem, there are many factors need to be considered. I am starting from the composition of unaccomplished, analysis "to" and "not succeed" ideas, and finally into the aggregated consequential offense attempted to "positive" and "negative" theory. Can have some help to the perfection of the criminal theory and judicial practice the correct application.
Keywords/Search Tags:The aggravated consequential offence, The basic behavior, Theaggravated conseqnence, The attempted form
PDF Full Text Request
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