Analysis On The Abortive Form Of Result-aggravated Crime

As an important concept of the theory of criminal law, the Result-Aggregated Crime represents a special legal phenomenon. Due to the special nature, the complexity of the behavior patterns and the severity of results,may the attempted form of Result-Aggregated Crime exist have greater controversial. The author believes that attempted to study the problem of Athe attempted form of Result-Aggregated Crime, firstly you need to clear the aspects of its nature and structure, combined with the basic theory of attempted crime, than extended to the special circumstances. Overall the writing order is from the particular to the general and then back to particular again.Based on these ideas, the article will be divided into three parts. The first part is mainly about the controversy of the problem attempted form of Result-Aggregated Crime,while comment various viewpoints of the nature, concepts, structure of the Result-Aggregated Crime. The second part will begin with development of Result-Aggregated Crime from origins to present, conclude the concept and essence of Result-Aggregated Crime; followed by the structure of the Result-Aggregated Crime and denied the circumstance of the Result-Aggregated Crime with a abortive basic crime.Then discuss each nature of the basic crime and the aggravated result; finally clarified the scope of the attempted crime against the general case. The third part is basic on the previous article, firstly classify the Result-Aggregated Crime of different situations, and then all kinds of situations can be set up to analyze. Finally the author believe that the so-called attempted form of Result-Aggregated Crime have mainly three situations:First, basic crime accomplished and the aggravated damage results did not appear; Second, the aggravated damage results did appear, but the basic crime is abortive; Third, the basic crime is abortive and the aggravated results did not appear.