Study On The Aggravated Consequential Offense

This term Aggravated Consequential Offense (the ACO) exists for a long period, however varied opinions about the essence, the connotation and the extension of the ACO within the academia leads to the discussion of bringing certain aggravated circumstanced offence and the situation that the potential damage offense inflict actual damage into the scope of the ACO, it is imperative to find a precise classificatory standard for the ACO. Furthermore, answers differ to the question whether the ACO have the unaccomplished form, foreign scholars’discussion concentrates on the question whether the negligent offense have unfinished form, Chinese scholar analysis the question in the view of constitutive requirements. Besides, whether the aggravated consequence caused by negligence can be joint offence or not is the hotpoint in the study of the ACO, how to convict and sentence coprincipal, abettor and accessory affects the process of judicial trial. A legal fair and practical-manipulation-helpful understanding way is required. As far as aforementioned theoretical and practical perplexed question is concerned, this dissertation is divided into four part.Part one reviews the historical origins of the ACO, definite the developing tendency of the ACO, replies the question on the essence of the ACO, on consequential liability, and on the exercise discretion in sentencing.Part two analyses the concept of the ACO, delimits the standard for the ACO. Firstly defines the nature of the ACO, distinguishes the ACO with other kinds of offence. Then this part defines one behavior, explains the causation between the fundamental criminality and the aggravated consequence. At last basing on Chinese actual provision, this part limits the subjective sin of the fundamental criminality and the aggravated consequence.Part three discusses in two situations whether the ACO have the unaccomplished form. One is the fundamental criminality has been complished, but the aggravated consequence did not occur. Another situation is the fundamental criminality was accomplished while occurred the aggravated consequence.Part four, through sorting out disputes of theories, returning to Chinese legislative present situation and analysing typical cases, means to solve the problem whether the aggravated consequence can be joint offence or not and whether each joint offender is responsible for the aggravated consequence.