On The Determination Of The Behavior Of Relieving The Dangerous State In Potential Damage Offence

Automatically removing the risk of state in Potention Damage refers to harmfulbehavior of the perpetrator caused harm to the implementation of the risk of statelaw，it full compliance with the crimes specified in the specific provisions of criminallaw，but before the real harm results occur，perpetrator take active measures to removethe risk of state Under their subjective will dominate，Avoid real harm results.It hasthree characteristics: time specificity, automaticity and effectiveness. It Can bedivided into concrete risk of state and abstract risk of state.At present, there are four viewpoints about the circle：the accomplished offense,the discontinuation of the dangerous crime, the discontinuance of the actual damageoffence, the discontinuance of the aggregated consequential offense of the dangerouscrime. Because these four views have different types of faults, So it is necessary toresearch again.Through research on the following theory: the mutually exclusive of the stoppattern in crime, the definition of the accomplished offense, the condition of thediscontinuation of crime, the relation between the dangerous offense and actualdamage offence, in my view, the theory of the accomplished offense is morereasonable. The determination of the behavior of relieving the abstract and concretedangerous state is the same. In the dangerous crime, one who has caused thedangerous state and then eliminated it in order to prevent the damaging result, thenature of the case should be determined as the accomplished offense.