The Differences Of The Abstract Potential Damage Offense In The Theory Of Anti-value Cts And The Theory Of Anti-value Consequents

In addition to the introduction and conclusion of this article is divided into four parts:The first part is the abstract potential damage offense’s nature identified in two different theories. The abstract potential damage offense’s nature is the nature of damage. This article has been identified dangerous compromise considering that under normal circumstances is dangerous in risky behavior attributes, in special cases also have the results of the property.The second part is a discussion of abstract Potential damage "dangerous state" judgment in accordance with the two theories. Determination of the dangerous state is judged based on three factors. Including to the damage state of the material, Damage judgment time point and criteria of the damage state. The article in adhere to the common ordinary people in the community to understand as a criterion, the use of science in general human knowledge in the case of exhaustive general human knowledge can not be judged as a reference to judge; for dangerous states determine the time point using pre judgment and post-judgment phase method of combining abstract Offences dangerous state whether there were identified.The third section discusses the difference between abstract concepts and related potential damage offense. According to the behavior of worthlessness and results were considered worthless criminal behavior are abstract and abstract potential damage offense potential damage offense dangerous results are guilty, in this article still adhere to the principle of behavior worthless, worthless as a result of exceptional views considered in the abstract essence potential damage offense belong to acts committed, but in exceptional circumstances also belong result of guilty. The difference between abstract and concrete potential damage offense not only reflected in the differences in the degree of risk, but also protected the legal interests of legislators for different emphasis and thinking were constructed differences, both considered the theory of anti-value acts, but also take into account the theory of anti-value consequents.The fourth part is the basis for the legitimacy of both theoretical abstraction potential damage offenses. This article from the legislative, judicial and legal interpretations of abstract potential damage offense were limited shrink, so that it does not violate the basic principles of criminal law, can play a positive role in the risk society.