Study On The Unfinished Form Of Dervied Crime Constitution

In Chinese criminal law, there are a large number of crimes with provisions of aggravating and mitigating circumstances, some of aggravating and mitigating circumstances merely principal of sentencing, while others are criminal constitution crime, namely derived crime constitution. In theory, has not distinguished between derived crime constitution and principal of sentencing, which leads prone to bias on the identification of criminal pattern and measurement of penalty. As a crime constitution, Derived crime constitution impacts the nature of behavior, and then impacts the conviction and sentencing, and may be present unfinished form, while when aggravating and mitigating circumstances are principal of sentencing, they merely lead to the punishment to be upgraded or fall, not affect the conviction, rather than impact the conviction, no unfinished form said.The first chapter is a summarization of the unfinished form of derived crime constitution. Through the confusion in the judicial practice and reference of foreign theory and practice concluded that study on the unfinished form of derived crime constitution has important theoretical and practical significance. Then is the theoretical study of derived crime constitution. To redefine the definition and characteristics of derived crime constitution, analyze the constitutive elements of derived crime constitution, and distinguish between derived crime constitutive elements and principal of sentencing. By Studying on the specific identity problems of the unfinished form of derived crime constitution. To further analyze the unaccomplished form and discontinuation in the intentional offender of derived crime constitution. At last,study on the identity problems of specific types of the unfinished form of derived crime constitution. This paper analyzes the unfinished forms of aggregated consequential offense and aggravated offense by circumstances in theory at last.