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The Specific Scenario Aggravated Crime Attempted

Posted on:2014-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:M LiFull Text:PDF
GTID:2296330434951926Subject:Law
Abstract/Summary:PDF Full Text Request
Of criminal law there are a lot because with aggravated circumstances, provides a method of upgrading the legal punishment. The complex legislation, judicial practice of chaos, making research aggravated offense-related issues is necessary. Our theoretical circles aggravated offense such as basic research concepts, characteristics, classification, structure and other aspects have been intensively studied, but crimes committed on both Aggravated Attempted research is limited. This paper constitutes a theoretical point of view from the crime specific argumentation attempted aggravated offense of both standards are in essence whether their interests against the law independent of the underlying offense. Through the criminal law provisions of the different types of analyzes specific aggravated offense that committed outside of the basic constituent elements are relatively independent of the specific aggravated offense so there is increased because of the attempted illegal form, whereas Attempted does not exist Specifically, the criminal law provisions on " the amount of crime (especially) giant " and " enormous amount of illegal gains "," ringleaders "," multiple" and belongs to the sentencing provisions of the victim complex rules, no relative independence constitution of crime there is no attempt forms. Special rules regarding behavior, behavior object of special provisions, acts of the time, place special provisions in the implementation of the basic committed criminal acts while other provisions constituted an independent aggravating circumstances exist attempted forms.Articles are discussed in four parts:The first part provides an overview of the crime attempted. The part of the existence of the crime attempted to define the scope, stating Accomplished attempted crime and crime is the corresponding two patterns of crime, the distinction between the two is based on the same crime constitution. whether belonging to the same constituent elements and the offense itself does not necessarily linked.The second part of an overview of aggravated offense. Legislation on the aggravated offense patterns, concepts and attempted to elaborate form.The third part is an overview of aggravating circumstances. Distinction between aggravating circumstances and Penalty upgraded concept of the nature of aggravating circumstances described, that criminal law provisions in a separate aggravating circumstances constitute a crime is convicted of plot, there is no independent crime is constituted sentencing.The fourth part is the view of the use of the criminal law provisions specific to the type of aggravated offense Reorganizing, analyzing different types of patterns and reasons for the existence of attempted.
Keywords/Search Tags:Attempted Aggravated, Crime, Constitution
PDF Full Text Request
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