Research On The Aggregated Consequential Offense

In the theory of criminal law in our country, the aggregated consequentialoffense is discussed in special crime type, but the theory of criminal law issuesinvolved a lot of complex problems, such as the sin problem, the joint crime problemand so on, discussing only from the angle of crime number is not enough to solve theaggravated consequential offence problems; in judicial practice, dealing with thecomplex aggregated consequential offense cases also has many difficulties, differentunderstanding of the relevant theory will lead to different decisions of similar cases,therefore, it is necessary to consider the aggregated consequential offense problemseriously.In this paper, taking a complex case for example, summarizing three problemsdisputed that in practice, and taking the three problems as the starting point, theaggregated consequential offense theory research will go on with three difficultproblems. This paper is divided into three chapters, and each three sections, the studywas going along the finding problem, analysizing problem and solving problemprogress, and the paper is about23000words.The first chapter focuses on the sin of the aggregated consequential offenseaggravated crime: domestic and foreign research have not formed the same opinion,and the concept of aggregated consequential offense is a reflection of the sin indifferent type. Foreign theory formed three different opinions on the problem: sin both limited in basic crime and results，some sin restriction，and neither sin restricted. Ithink that the above three kinds of views have certain merits, but considering thetheoretical research and legislation in our country,the sin for basic results andaggravated result should be talked respectively, I think that in our country, the sin ofaggravated consequential offence can be divided in two kinds:(1) intention andnegligence, such as intentional injury causing death;(2) intention and negligence atleast, such as robbery causing death.The second chapter focuses on the theme of the joint crime of the aggregatedconsequential offense: joint crime is not only a problem in theory, but also thepractical problem in many cases, when many people behave in the basic crime ofaggregated consequential offense, whether they are in the joint crime or not? Theforeign theories have different opinions, the domestic theories also have formed threedifferent points of view, after analyzing different opinions above, I try to makeanalysis of the aggregated consequential offense from the legislation situation in ourcountry. The topic focuses on whether there exist joint crime in intention andnegligence type and whether there must exist joint crime in intention and negligenceat least type.The third chapter focuses on the theme of the over limitation problems of theaggravated consequential offence: the aggravated consequential offence is composedof two parts, they are the basic crime and aggravated consequence.In the traditionalover limitation theory, over limitation in behavior qualitative is demanded, but insolving the result aggravated crime, traditional theory has encountered problems, forexample, critical excession in the results but not in basic behavior, how to deal withthe whole crime in the traditional theory? Based on the new theory, I will try toanswer the question and identify the responsibility of the doer.