Study Of Defining Schema Of Potential Damage Offence

The theory of continental legal system regards the potential damage offence as a kind of established type of crime. However, our traditional theory defines it as a kind of accomplished offence. Because of a lot of theoretical and practical problems have been emerged, our traditional theory have been criticised. The view of accomplished offence not only makes the crime established theory, the form of discontinued crime and the subjective aspect of the crime conflict; but also derived the phenomenon that the same crime has two accomplished standards, which seriously destroy the legal system. Leaving danger as the accomplishment standard makes the punishment of the aborted crime of potential damage as possible. This also leads to severe of criminal law as well. Our traditional theory neglects the accurate explanation of established conditions, which damage the utility of behavior regulation function. The immediate cause of these difficulties is the misconception of potential damage offence theory, the primary cause is the misunderstanding of the legislative model of criminal law.Through defining the potential damage offence in type of establishment of the prototype, and advocating the specific provisions of criminal law was established as a crime pattern, the establishment of crime and crime Accomplished will be distinguished. At the same time, criminal law will be fully respected, this dilemma can be completely eliminated.