Accomplished Or Suspend:the Study Of Initiative Eliminate Dangerous State

In the dangerous crime,after the occur of dangerous condition before the happen of actual result, the actor eliminates the dangerous condition,in this condition,how to determine the nature of the crime? According to the current criminal theory of our country:the dangerous crime refers that the conduct of the actor caused the dangerous condition which offense the legal regulations as the sign of accomplished offense. According to the idea we easily concluded that the nature of the crime is consummated crime. However, question to consummated crime has been mounting recently. Many criminal scholars from the concept, the standard of accomplished crime, criminal pattern, criminal policy and so on to look the solution. They put forward a lot of fresh viewpoints try to replace the status of consummated crime. The new viewpoints include accomplishment of potential damage, suspension of potential damage,suspension after the accomplishment of potential damage,suspension of real harm offense and so on.Criminal scholars have been argued many years,but the question still existed. This article starting from a case of Guo who broke the traffic facilities to raise the controversial. Then teased the criticism from suspension of potential damage to the accomplishment of potential damage and the accomplishment of potential damage refute the criticism. In addition, there are some middle ways between accomplishment of potential damage and suspension of potential damage. The article also collected and analyzed them. And then demonstrates the advantages of the accomplishment of potential damage,it met the legislative intent of dangerous crime,fit the theory of dangerous crime and crime patterns. The appearance of dangerous condition is the standard of consummated crime, it have already have all the constituents at the moment and determined accomplishment of potential damage indisputably. However,accomplishment of potential damage is not without flaws. The defeats lies in the beginning of dangerous crime ignores the subjective will,lead to active exclusion behavior hanging,is not conductive to encouraging the behavior people take the initiative to repent. This is the main reason why so many scholars criticised it. Various scholars put forward suspensions try so many devices in order to reduce the human behavior punishment and look for excuses to suspension of crime.But,at the present,the system criminal law has been established. The theory of dangerous crime is an important part of criminal in China. Try to reconstructed the concept of dangerous crime and the theory criminal pattern are not worthy. Therefore, the best method and the sensible choice to slove the problem is based on the accomplishment of potential damage to make up its defects. The actor eliminates the dangerous condition is accomplishment of potential damage,but in order to compensate for the accomplishment of potential damage,considering the special situation of dangerous crime. We shall set up special legislative provisions to reduce punishment. Regret after accomplishment of potential damage,the provisions of Criminal law reduced or exempted from punishment at home and abroad have precedent for reference. In our country,bribery back before the active confessed bribery can be reduced or exempted from the law punishment, the dangerous crime legislation in Germany, provisions of initiative to eliminate dangerous repentance plot,can be reduced or exempted from punishment. Therefore we can proposed legislation suggestion. Our country can draw lessons from the Germany legislation,establish a special legislation provision for dangerous crime. But should not be exempted from punishment, we should based on the specific circumstance of the case and mitigated punishment. Because of dangerous crime is the serious crime of endangering public security, we shall based on the safety of lives and property of citizens and responsible attitude. Dangerous crime is different from ordinary crime, the penalty than the ordinary crime. And the behavior is accomplishment of potential damage not suspension of potential damage, should not exempted from punishment because of not lead serious consequences. In conclusion, suggestions on increasing criminal confess terms,legislations:the behavior of getting rid of the dangerous state,be given a mitigated punishment.