Research On "The Behavior Of Eliminate The Dangerous State" In Potential Damage Offence

The behavior of eliminate the dangerous state,is the implementation of the provisions of the criminal law and harmful behavior refers to the crime,with potential damage offence criminal law provisions in the constitution,but after a sufficient legal danger state caused serious harm results produced before the harmful result has not occurred,and behavior of people out of their own subjective control of free will and actively take out legal dangerous state previously generated and the real harm results occur without effective measures.As a result,as long as the statutory dangerous state had not appeared,no matter whether have the behavior of eliminate the dangerous state,can not prevent the accomplishment of potential damage offence.However,the view that has been criticized,some commentators believe that the behavior have an eliminate the dangerous state behavior identified as the completion of a crime is too heavy.But this view is difficult to establish in theory.Adhere to the basic theory of criminal law can not be questioned,but there are some defects,adhere to the basic theory of criminal law to make up for these defects is the correct direction to solve this problem.Specifically,you can learn from the legislation abroad,with reference to a crime have the behavior of eliminate the dangerous state can be reduced or exempted from punishment provisions,set the legal circumstances for special provisions of criminal law in particular,which automatically exclude d the behavior of eliminate the dangerous state for the generous treatment,in order to solve the problem of heavy sentence.