Research On The Discontinuation Of The Potential Damage Offense

The potential damage offense, as one of the important crimes in Chinese criminal law, has the effect that cannot ignore.After entering the risk society, the research of the potential damage offense attracts the attention of more scholars.However, its "dangerous " led to the existence of many different theoretical perspectives, especially on the cognizance of the discontinuation of the potential damage offense. The cognizance of the discontinuation of the potential damage offense directly affects the suspension’s conviction and sentencing, and different conclusions directly affect the judicial practice trial standards. Need to break this impasse. Based on this,the discontinuation of the potential damage offense is the study of this paper.Through to research the related theory, this paper establishes the discontinuation of the potential damage offense and puts forward legislative suggestions, in order to form a system of research results.This paper is divided into four parts, totaling37000words:Part Ⅰ:The basic theory of the potential damage offense is the premise of the paper. After analyzing the current definition of a variety of scholars, the paper puts forward the views about the definition of the potential damage.According to the different form,the potential damage can be divided into the direct intentional potential damage, the indirect intentional potential damage and the negligent potential damage.They shall be defined respectively. On this basis, the author draw the conclusions about the meaning and the judgment standard of the dangerous state. In the relationship between the potential damage and the conduct crime and the consequential offence, the author thinks the potential damage offense refers specially to the special dangerous state,and the called Abstract potential damage offense, as one of the conduct crimes,is no real meaning. So the potential damage offense is one of the consequential offence.Part II:This section discusses the discontinuation of a crime at different states of the potential damage offense and the cognizance of the case after the dangerous state.The author analyzes the various views about the situation after the dangerous state,which is the most controversial in theory. According to theoretical divergence, the author puts forward the judgment standard of the potential damage offense accomplishment that according to whether the risk from the offender’s control.On this basis, the author thinks that the situation that the offender taking measures to eliminate the risk of behavior after the dangerous state still can set up the discontinuation of the potential damage offense, and demonstrate it in the view of the legislative purposes, the theory of crime prevention and the theory of the criminal law.Part III:The part is about the punishment of the discontinuation of the potential damage offense. For the foundation of the crime termination punishment, the author think that the Merging said on the basis of the law said conforms to the legislative situation in our country. According to the criminal law in our country, the author illustrates the punishment principle of the discontinuation of the potential damage offense in different stages, namely the preparatory stage of the suspension is not punished, the other phase to suspend the mitigated punishment or be exempted from punishment according to the results of the damage, and the "damage" results in dangerous crimes is made the explanation.Part IV:This part is about the potential damage offense legislation. According to the potential damage offense legislation, the author pointed out the shortcomings and the direction to improve our potential damage offense legislation. Combined with this theme, the author puts forward two legislative suggestions, hoping the potential damage offense legislation more reasonable and scientific.