Study On The Consequential Aggravated Criminal Of Joint Pirncipal Offender

The aggravated consequential offence whether the establishment of jointprincipal offender has always been the hot issue in the circles of criminal law havebeen discussed. Judicial practice, if two or more persons jointly implement the basicelements of the act, but in part by the behavior of people aggravate statutory producedresults on the behavior of conviction and sentencing, how the problem is especiallyoutstanding. Because, the aggravated consequential offence is a special type ofstatutory, different from the general type of a crime that lies in the criminal legislationof the acts of punishment should be higher than the basic crime. If the nature of thecase acts are not convinced that good and punish, most likely in violation of theprinciple of responsibility. So, the discussion of this special type of crime, to solve theproblem of conviction and sentencing of human behavior is very necessary. And,although our country general provisions of the criminal law for joint crime does notrequire joint principal offender and the concept of aggregated consequential offense,but some scholars, from the viewpoint of the theory of legal interpretation, thecriminal law of our country in general principal, accomplice, accomplice under duressexplain sub type is the common principal offender, help offender and accessory. In thespecial provisions of criminal law, the relevant provisions of the existence of a largenumber of aggregated consequential offense, intentional injury causing serious injuryor death is a typical example of. Therefore, we can think, in our discussion of jointprincipal offence aggravated consequence is the corresponding theoretical basis. Thispaper mainly uses comparative research method, the continental law system ofGermany and Japan on behalf of the state related theories and cases, and uses thetheory of the Taiwan region of China and the practical experience, combined with thespecific circumstances of the theory and practice in our country, to draw theconclusion that, in our country the results of joint principal offender of aggregatedconsequential offense is to be established. To discuss the common principal offenderof aggregated consequential offense, first of all is to construct the analysis results ofthe aggregated consequential offense. From the legislation evolution, the aggravatedconsequential offence is generally considered the product of the continental lawsystem, the self trapping area theory originates in church law "". The relevantprovisions of China’s legislative history but the aggregated consequential offense and aggravated criminal responsibility is already occupied a very important part of. In theancient Chinese law, Tang prison law, Shan Xing law etc. there is a correspondingrecord. Results the concept of aggregated consequential offense with nature, theory onthe existence of single pattern theory, complex pattern theory, risk theory of threekinds of theories, the author’s opinion, the theory of risk compared to the other twotheories, more can reflect the basic crime and aggravated consequence in combinationwith an integral inseparable elements. According to this train of thought, the authorwill result with this concept of repeating the autopsy, think in terms of form, theaggravated consequential offence is a basic behavior, the basic results, and increaseresults of three parts. The basic behavior which is typed has led to increased inherentrisk result behavior. The aggravated consequence should be similar but the extent ismore important than the basic results of the statutory aggravated consequence nature,there is a causal relationship between the criminal law and the basic elements of theact and the legal aggravated consequence. Of course also requires subjective crime ofbasic intent or negligence of the aggravated result of subjective attitude at leastnegligence. To make a statement and analysis of two sides, and then on the civil lawcountries and regions of Germany, Japan and China’s Taiwan region theory andjudicial circles about whether the aggravated consequential offence can be jointprincipal offender’s point of view, the combination of China’s current legislationsituation and practical experience, in our country the results of joint principal offenderof aggregated consequential offense is to be established conclusion.