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The Qualitative Research Of Automatically Save Behavior In The Process Of Dangerous Behavior

Posted on:2018-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:L MaoFull Text:PDF
GTID:2346330542470717Subject:Law
Abstract/Summary:PDF Full Text Request
There is a controversial problem in dangerous criminals field,that is can we set crime accomplishment after crime discontinuance.If we take a positive attitude,we may undermine the unity of the criminal law theory system.But if we deny it,then the crime discontinuation can't play its role in criminal policy which can encourage criminals to take timely measures to prevent the risk spread to the real harm results.So how to define the nature of automatically save behavior after the statutory dangerous state becomes a hot issue in academia.At present,academia has been proposed many theories to solve this problem,such as “Crime accomplishment theory”which is adhere to the traditional criminal law theory or “Potential damage offence dis-continuance theory” and “Actual damage offence dis-continuance theory” which are attempt to break through the limit of traditional theory.Although these three theories all acknowledge that the automatic save behavior before the legal danger state should be identified as discontinuance of crime,but there still exist a bifurcation point that is how to define the nature of automatic save behavior after the legal danger statehappened.For that matter,the “Crime accomplishment theory” considers that this situation should be regard as accomplished dangerous crime,only the automatic save behavior can be considerate as a discretionary sentencing plot,the “Potential damage offence dis-continuance theory” believes that this situation constitute the discontinuation of potential damage offence and the “Actual damage offence dis-continuance theory” thinks that it is the discontinuation of actual damage offence which is corresponding to certain potential damage offence.This paper summed up the basic arguments of the above theories,summarized the implicit controversial focus,and then come to the final vision which is on the basis of detailed analyze the focus of the controversial.This article thought that the “Potential damage offence dis-continuance theory” and the “Actual damage offence dis-continuance theory” are unreasonable.The “Potential damage offence accomplishment theory” has its reasonable side but too partial,so it can't completely solve the problem raised in this paper.This paper advanced a new theory which called “dual attributes of actual damage offence”,this theory advocate that the nature of the automatic save behavior among the dangerous criminal is determined by the combination of the behavior person's subjective guilt and the objective results.I believe this new theory can give a satisfactory answer to the controversial and difficult problem.
Keywords/Search Tags:Potential damage offense, Dis-continuation of crime, Legislative model of criminal law's specific provision, Result-aggravated crime, Dual attributes of actual damage offence
PDF Full Text Request
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