A Number Of Studies About Aggregated Consequential Offense

Aggregated consequential offense is a very complicated crime pattern in the Theory of crime., So we research on the related theory will help us enrich our country criminal law theory and judicial practice situation, at the same time, it can lead us distinguishing between crime number in practice, and making scientific and reasonable criterions for the conviction. Although many Chinese and foreign scholars are very keen to research the aggravated consequential offense,but because of the complexity of its internal structure, the diversity of study angle and the differences of national legislation, it leads to various views, theories and conclusions. Specific to our country, the situation is even more worrying, because our country is not associated with general provisions of criminal law regulations, its rules are scattered in the specific provisions of the specific charges, This situation leads to chaos in judicial practice and theoretical research., So I decided to start from the basic theory of the aggravated consequential offense, in the list after the integration of domestic and foreign relevant theory,then Put forward my own views. On this basis, I turn to the relevant analysis of some of the more complex problems, I Hope to be able to perfect the relevant theoretical system, and guide to the development of judicial practice. This article mainly has four parts to discuss the above interpretation. The first part:An overview of the aggravated consequential offense. This part concerns two problems, one is the concept, First, its concept has the general theory, broad and narrow sense three theories, then I put forward my own opinions, The second problem is the result of such a problem, This part mainly constitutes the basic crime and the aggravated consequential offense results and to discuss the causality between them.The second part:The essence of the aggravated consequential offense. The main problem of this part is what a category aggravated consequential offense is, and why it should be aggravating punishment,. About its nature, there has been "single form theory", "complex form" and "danger theory". The author introduces the above theories, and then put forward own views.The third part:the aggravated consequential offense of attempted crime and joint crime. In criminal law theory, attempted crime and joint crime problem are inherently controversial, The attempted of the aggravated consequential offense and theory of common crime is more complicated, The author first analyzes related theories at home and abroad in this part, Then according to the described earlier in this article about the basic theory of the aggravated consequential offense, Finally it is concluded that the attempted crime and joint crime is the existence of conditional.The fourth part:Comparison between the aggravated consequential offense and the otherrelated categories. In the theoretical circle of criminal law in our country, the theory of crime number shape and the views and opinions vary, which makes it hard to avoid the confusion between these related categories, So the author specifically singled out in this part four easily confused with criminal pattern, by the comparison between the aggravated consequential offense and these categories,I find out the difference between them,This will give us certain help in our scientific conviction sentencing correctly in the judicial practice.