Study On The Qualification Of Aggravated Consequence Crime

The aggravated consequential offence originated in the canon law "Versari"principle, which is considered to be the responsibility of the residual. People ofcriminal law theory try to balance the aggregated consequential offense and theprinciple of responsibility with the subjective fault and causality, and then limit thescope of the aggregated consequential offense. That is to say, the limits ofaggregated consequential offense are keeping going on, ever since the aggregatedconsequential offense was brought up. In this paper, typed restrictions aggregatedconsequential, objective and subjective guilt causality restrictions limit three areas,limiting the scope of aggregated consequential established from the perspective ofcrime. It’s a new attempt to limit the aggravated consequential offence, bydetermining the standard and logical path to identify causality and subjective fault ofthe aggravated consequential offence. And, classify “results aggravated” and"subjective" by using the legal method, in order to clearing the scope of theestablishment of the aggregated consequential offense. This paper mainly includesthese following contents:The first chapter discusses the reasons of limiting the aggravated consequentialoffence. The main reasons include the following aspects: First, is lack of reasonablerationale. Whether the aggravated consequential offence of civil law system orfelony murder of common law system, were stetted excessively high statutory punishments by legislators. However, theories and cases are unable to provide areasonable basis to aggravated punishment. Second, is the aggregated consequentialoffense lack a clear, unified legislative form. Mainly appears as: the provisions ofthe aggregated consequential offense is not clear; fault form of aggregatedconsequential offense in the criminal law is not clear; the aggravated consequentialoffence "victim" is not unified; Third, is the need to limit the application of deathpenalty. Through the above three aspects, we find the aggravated consequence crimeproblems, this paper use the aggravated consequential offence types below, solvingthe unclear legislation, not unified problem. The "direct connection" answers thelack of reasonable basis.The second chapter discusses the aggregated consequential offense typeconstraints. By the type of legal analysis, will "increase results" type, must be theresult that heavier elements results constitute the basic crime and aggravatedconsequence; basic results are qualitative or relationship, increase the amount ofincrease is not simple; the result must be the result of criminal law to prevent. The"subjective" type, that the aggregated consequential offense subjective mainly tohave two kinds of situations: hold the intention to increase results; the negligentmentality to the aggravated results. These papers analyzes on some disputed charges,think deliberately hurt (wounded), the crime of traffic accident (escape) crime doesnot belong to the aggravated consequential offense; criminal law114th, theprovisions of Article115of arson, belongs to the aggregated consequential offenseprovisions.The third chapter discusses the objective limit of aggregated consequentialoffense, namely causal judgment. In the judicial practice of the aggravatedconsequential offence causality dilemma, mainly as follows: the causality of theaggregated consequential offense is not a statement, more confusion; causalityaggravated consequential lack of definite judgment standard. Therefore, this paperputs forward through the introduction of the "direct connection", clearly aggregatedconsequential offense criteria of causality. And the "direct connection" concept,status, judging method and all-round, multi-level annotation, specification "direct connection" elements. In this paper, the special case of causality judgment conductedin-depth analysis, that "caused the victim Dutch act" situation is the "other seriousconsequences" of the aggregated consequential offense."The victim to avoiddamage, because of their own or the third cause of death" belongs to the "death" ofthe aggravated consequential offence."The special physique" general need to studythe behavior of the results of the causes, physical force, comprehensive judgementon the predicted behavior, generally does not think has a causal relationship.The fourth chapter discusses the subjective limitation results aggravated crime,namely subjective cognizance. In detail elaborated "the disadvantages andshortcomings of double sin" theory,"analysis of deficiency of traditional single sin"theory, clear the aggravated consequential offence is only one sin is put forward,namely the actor has foreseen the possibility of aggravated results must. And that theconstitution should be level "objective forecast" and the accountability aspect"subjective foresight may" to identify the result aggravated crime subjective.