Research On The Punishment Of Attempted Instigates

As a kind of important form of crime number theory, by many Chinese and foreign criminal law scholars focus on the aggravated consequential offense. Meticulous rich theoretical basis is presented in this paper, from a different perspective, this paper expounds the attempted aggravated crime forms.The first chapter expounds the summary of attempted form of the aggravated consequential offense. First thought will be defined as the aggravated consequential offense specific refers to the offender has already begun to implement the basic criminal behavior, and the increase of results, and national legislation will appear the aggravating result with the Supreme Court in cases of behavior. And attempted offense is the concept of crime, the offender has embarked on the crime, but because other reasons outside of the crime, the offender will not reached with crime. Through a theoretical integration of aggravated consequential offense and an offender, the author thinks that should begin from the basic attempted crime and aggravating the results did not occur when the two aspects to discuss the results of such attempted. The scope ofThe second chapter introduces the debates about the attempted form of the aggravated consequential offense theory at home and abroad, there are certainly said, negation and the difference between three different views. The author in favor of the said difference point of view, think to classify the aggravated consequential offense should be attempted to explore whether there is the aggravated consequential offense of the problem. Based on the proposed theory is the focus of the debates is mainly the result of such attempted judgment standard.The third chapter is attempted form of the aggravated consequential offense and constitute of the crime, analyzed the basic crime, the aggravated crime (crime) is derived, and the relationship between. Main research and analysis of common crime constitution derived crime constitution theory, on this basis, the advocate derived the independence of the crime constitution, with a derived crime constitution to solve the problem of the attempted form of the aggravated consequential offense.The fourth chapter is the result of such attempted various forms of discrimination, mainly divided into the basic criminal negligence cases, the aggravated crime attempted; Basic crime situation intentionally, aggravating a criminal attempt refers to a form. Through the discussion of above, finally the aggravated crime attempted form of the conclusion, namely the attempted form of the aggravated consequential offense should include the following two cases:A person is directly intentionally, the result of the increase to complete basic crime, but worse results due to the reason of the offender will not appear the composite constitutive behavior of the results of such. Second, the offender is directly intentionally, the result of the aggravating basic crime unfinished, at the same time, increase the results because of the offender will also did not appear the composite constitutive behavior of the results of such.