Research On Criminal Pattern Of Material Potential Damage Offense

Material potential damage offense is a crime which legislator created to have an early protection for the interest. As a matter of fact, material potential damage offense is a period of actual damage offense, it is the inchoate of actual damage offense. Because material potential damage offense theory was discussed for a short time and its special property, there are a lot of issue failed to reach consensuses. For example, the concept and the criminal pattern are the problems which the authors always discuses. The article discuses the concept from the property, and to have the concept based on the generate. The generate of the material potential damage offense is the actor’s action danger the interest, and the dangerous should be punished and the criminal law should be inspirations really work. The method of the criminal law to play a role of protection is to punish the actor, so the dangerous as the reason of the punishment is reasonable and necessary. This paper argues from two aspects of objective facts and value judgment to define the concept of dangerous. Dangerous means the actor be material potential damage offense, therefore, dangerous is the hallmark of the actor set up material potential damage offense. But the presence of the dangerous state does not mean that the actor’s behavior satisfied the provisions of criminal law.The statutory dangerous is the symbol of the completion of a crime. So there is a period between the dangerous to the statutory dangerous, it means the possibility of the different criminal patterns being.The criminal patterns of material potential damage offense includes the preparation, abandonment, attempted and completion of a crime. Although the material potential damage offense is a period of actual damage offense, it also has the its own crime results and symbol of the completion as an independent crime. Because the material potential damage offense is the product of legal fiction, its completion is not the typical with form rather than fiction. Before having the statutory dangerous, if the actor was forced to give up committing without the beginning, it is preparation. If the actor began a crime behavior, it is abandonment of a crime or attempted crime. The most difficult problem is after having the statutory dangerous, the person, prepare to constitute a crime took the initiative to eliminate risk, avoided harm result how happened. How to judge the behavior of the actor? This article argued the actor should be the attempted crime of the actual damage offense. Because material potential damage offense is a period of actual damage offense, the actor’s behavior satisfied the conditions of the attempted crime and the General Principles of Criminal Law.