Research On Difficult Issues In Aggregated Consequential Offense

The aggregated consequential offense is a special crime pattern provided by the law and an offense in essence, the serious punishment and complex internal structure of which confuses the crime theoretical circle and justice practical circle both at home and abroad, and also an offense with great controversy in the theoretical circle and consequently encountered but hard to be identified in the judicial practice. Therefore, the research on the theoretical issues related to the aggregated consequential offense is of great theoretical value and practical significance.This thesis, taking a case of aggregated consequential offense in a rape case happening in the judicial practice and with great controversy as an example, based on the analysis and comparison of various theoretical achievements on aggregated consequential offense both at home and abroad, the conclusion of the legislation on aggregated consequential offense both at home and abroad and the summary of the controversial opinions in the theoretical and practical circle, deeply analyzes the concept and essence of aggregated consequential offense, systematically reviews the constituent characteristics thereof in detail, fully elaborates whether there is attempted pattern in the aggregated consequential offense, and comes to the conclusion that the Ran constitutes aggregated consequential offense in the rape offense, not be identified as the attempted aggregated consequential offense in the rape offense and shall be sentenced to death in accordance with law.This thesis consists of four parts in addition to introduction.Part One introduces the basic information on the rape case by the Ran, including the cause and facts of the case.Part Two summarizes the focuses in dispute, controversial opinions and reasons of the case. As for the focus in dispute on whether the Ran constitutes aggregated consequential offense in the rape offense, one opinion holds that the Ran constitutes aggregated consequential offense in the rape offense while the other opinion holds differently; as for the focus in dispute on whether the Ran constitutes the attempted aggregated consequential offense in the rape offense, one opinion holds that the Ran shall be identified as the attempted aggregated consequential offense in the rape offense while the other holds differently; as for the focus in dispute on whether the Ran shall be sentenced to death, one opinion holds that the Ran shall be sentenced to death while the other opinion holds differently.Part Three elaborates the basic theoretical research on aggregated consequential offense. First, compares the difference between the offense and other similar offense concepts and defines the concept of aggregated consequential offense in combination with the patters of aggregated consequential offense provided by the specific provisions of the Criminal Law in China. Second, this part systematically introduces the theories and opinions of the domestic and foreign criminal circle related to the essence of aggregated consequential offense and the author makes comments on from many perspectives and thus correctly recognizes the essence of aggregated consequential offense. Third, this part emphasizes the elaborations on the offense characteristics. The author holds that based on the standpoint of the principle of responsibility, the requisite for the doer to be liable for aggregated consequence is that the doer must have offense on the occurrence of aggregated consequence in the subject and the domestic and foreign legislation shows that the subjective offense of the doer is at least the fault; the correspondence theory of causal relationship shall be taken to judge the common sense and action shall be taken as the basis to judge the correspondence and other factors being intervened, the level of abnormality of the intervention factor shall be comprehensively measured to judge the causal relationship. Fourth, as for the issue whether the occurrence of aggregated consequence when the basic offense is attempted can be identified as aggregated consequential offense, the author holds that from the perspective of the essence, constituent characteristics and legislation spirit is established upon the occurrence of aggregated consequence and whether the basic offense is attempted or not, there is no attempted aggregated consequential offense.Part Four, combined with the research results of the thesis and the specific details of the researched case, holds that the Ran constitutes aggregated consequential offense in the rape offense, is unable to be identified as the attempted aggregated consequential offense in the rape offense and shall be sentenced to death.