Study On The Consequential Aggravated Criminal Of Joint Crime

China's criminal law article 25 a joint crime for the rules,but there is no clear concept of consequential aggravated criminal,the lack of regulation of joint crime problem of consequential aggravated criminal,the resulting controversy in theory,and practice of confusion.This article is trying to clarify the concept,characteristics and structure of the aggravated consequential offense,and combined with the essence of joint crime,to explore whether set up a joint crime,the aggravated consequential offense and related person to contribute to the results should bear criminal responsibilityThis article has 5 chapter.The words concerned to about 30000.Chapter 1:a brief introduction on joint crime of consequential aggravated criminal.The concept,characteristics and structure of consequential aggravated criminal,and carried on the discussion to the essence of joint crime,put forward the fundamental problem is that the joint crime of consequential aggravated criminal the question of whether the results can be attributable to each person.Chapter 2:The cognizance and treatment of the joint crime in the aggravated crime at home and abroad.Introduces the Anglo-American law system and continental law system.The main point of view is that it is necessary for the accomplice to have the possibility to foresee the consequences or the fault.This paper introduces two kinds of theory and practice circles in our country,that is,the theory of "simultaneous negligence" and "over limit theory".Chapter 3:the theory of "simultaneous negligence" can not be adopted.Although it has certain advantages,but also the existence of defects can not be ignored.Chapter 4:"over limit theory" cannot be accepted."over limit theory" is fundamentally wrong.Chapter 5:The problems of joint crime of consequential aggravated criminal in personal opinion.Personally think " negligence " of responsibility elements,has no effect to set up a joint crime,but for the result of the serious criminal responsibility,objectively requires is the common behavior danger caused by the subjective requirement for severe results can foresee,and realize the common risk behavior.