Research On Aggravated Consequential Offense

The theory of the aggravated consequential offense has a long history. According to some scholars’ research, this theory was originally produced at medieval times when the principle of law is objective responsibility. The theory of the aggravated consequential was also called "Versari in reillicita" at that time. With the change of the society and the progress of the criminal law study, the guiding ideology of criminal law turned to subjective responsibility from objective responsibility. In the process, the aggravated consequential offense whose intension was objective responsibility caught the attention of academia inevitably and was under violently attack. Retaining or abolishing the aggravated consequential offense became a flourishing argument at that time. At the beginning of the 20th century, the aggravated consequential offense was one of the most attractive issues in criminal law theory in Germany. The masters who researched the criminal law fustigated the unreasonable place of the theory of the aggravated consequential offense that promoted the criminal law legislators set up the general provisions of the aggravated consequential offense in the general and limit the scope of the establishment of the aggravated consequential offense. Going through such trials, the aggravated consequential offense still exists in the criminal law of nations, showing a strong vitality.In our country, there is no concrete provision about the aggravated consequential offense in general provision of the criminal law while the aggravated consequential offense is only stipulated in the specific provisions of the criminal law. The study about the aggravated consequential offense is commonly existed in the research of the crime quantity forms and has no complete system. As for the problem of the attempted aggravated consequential offense, academia has different opinions. Most researchers hold the opinion that there is no attempted aggravated consequential offense is while there is only the problem of constituting aggravated consequential offense or not. But there are many other scholars insist on the issue that the attempted aggravated consequential offense exist. According to the academic debate, this article attempts to start from the concept of the aggravated consequential offense, carding the debate on the problem of attempted the aggravated consequential offense, putting forward the theory basis of the attempted aggravated consequential offense and certaining the value of the existence of the attempted aggravated consequential offense.This article is consisted of four parts. The first part is the concept of the aggravated consequential offense and its definition. The main content is the concept of the aggravated consequential offense which provides the basis of analysis of the attempted aggravated consequential offense. The second part lists various theories of the attempted aggravated consequential offense in order to clear the academic controversy point. The third part elaborates the theory of the attempted aggravated consequential offense. The fourth part expounds the theoretical significance and practical significance of the theory of attempted aggravated consequential offense, pointing the guiding value of balancing the crime and the punishment.This article aims to clearing the theory of the aggravated consequential offense, putting forward two kinds of situations existing attempted aggravated consequential offense, including the situation that the basic crime accomplish when the aggravate result does not happen and the situation that the basic crime is attempted when the aggravated result generates. In this paper, the attempted aggravated consequential offense theory is affirmed. This paper argues that the attempted aggravated consequential offense theory is a part of the theory of the aggravated consequential offense and it can better guide the judicial practice. In a word, affirmation the existence of attempted aggravated consequential offense has its theoretical significance and can better implement the principle of criminal law.