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Studies On The Determination Of "Sufficient" Dangerous Crime In Criminal Law

Posted on:2018-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:J F LiFull Text:PDF
Abstract/Summary:PDF Full Text Request
"Sufficient" type of potential damage offense in the criminal law,refers to the criminal law provisions only when "sufficient" to cause some harmful or dangerous results,which consists the following six cases upgraded in the second conditions of criminal law,the crime of destruction on means of transportation,crime of sabotaging transportation facilities,crime of production and sales on food below the safety standards,crime of production and sales on medical equipment below the given standards,the crime of illegal collection and supply of blood,crime of blood products production,supply and crime of environmental delivery on sneaking smugglers out of the country(border).This type of dangerous crime is generally regarded as the concrete dangerous crime in the theory of criminal law.Recent years,with the newly examination of the classification on dangerous crime,authors found that the crime in the criminal law contains "sufficient" clause,which is both different from the typical concrete dangerous crime and the typical abstract dangerous crime.Therefore,this paper puts forward the question of "two" theory of "dangerous",which is "sufficient" as the symbol of the concrete dangerous crime,and explores the theoretical basis on the "reasonable" items.These theory for "sufficient" type on dangerous criminal qualitative differences,is mainly represented in the understanding of "sufficient" clause,moreover,there is no uniform standard to determine in judicial practice whether the behavior meets the criminal law provisions "sufficient" clause,resulting in the phenomena of different cases for some codefendants,which threatens the judicial authority and credibility.In order to solve the problem of the theoretical differences and judicial practice on the "sufficient" type of dangerous crime,it is necessary to conduct an in-depth study on the crime.Based on the practice of the case,scholars of the theoretical point view conduct a comparative analysis,and choose the reasonable qualification which is made(sufficient)theory as the theoretical basis of "sufficient" type of dangerous crime,"sufficient" type dangerous crime qualitative theory.In this type of crime "sufficient" provisions of the judgment on the merits of scholars on the "dangerous" judgment theory for reference,on the basis of the idea of should exist in later identified the behavior of behavior and the objective facts to judge the material,standing behavior when the position is judged for the standards of ordinary people;but according to the standards,they think that dangerous behavior does not make enough,by the law of causality that scientific behavior is "dangerous",with the scientific law of cause and effect as the standard,and also examines whether there is danger of becoming negative factors hinder the reality and behavior of people to prevent the damaging subjective whether there it is at least negligence,and the judgment method used in a specific case,in order to test the method to judge the rational.
Keywords/Search Tags:concrete potential damage offense, abstract potential damage offense, quasi-abstract potential damage offense, adaptive lattice crime, judgment method
PDF Full Text Request
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