On The Cessation Of Potential Damage Offense

Potential damage offense is a special type of crime and have its' own meaning of existence relative to actual damage offense.In modern risk society,based on the characteristics of new social risks and the expansion of the scope of potential damage offense,research and regulations on potential damage offense should also be more perfect.Potential damage offense is a crime that criminalize the criminalization of criminal law in order to safeguard major public interests and social order.Due to the short time for the theory of potential damage offense and the rapid development of the changing social of potential damage offense itself,there are controversies on many issues of potential damage offense.From the perspective of its own concept to the existence cessation patterns of crime and standards for identification,no clear consensus has been reached in the academic community.This article through the analysis of the concept of dangerous crimes,research from the basic theoretical of potential damage offense,in order to be able to solve doubts in the exploration process for their own answers,so as to oblige its' cessation pattern of crime.Potential damage offense refer to the type of crimes that the perpetrators commit crimes,cause certain dangerous states,and have not caused serious consequences.The “danger” in Potential damage offense refers to both the danger of the actor and the danger of the behavior.It is the possibility of infringement of the criminal law benefits caused by the behavior of the actor or behavior,and the risk of the actor is determined by the risk of the behavior.In judging the dangerous state of potential damage offense,it is necessary to judge the existence of dangers based on objective facts at the time of the act,to make post-judgment judgments based on the scientific laws of cause and effect,and to make concrete judgments on the basis of specific facts,so as to achieve a forward-looking decision that combine pre-judgment and post-judgment judgments.The criteria for judging the dangerous state should be based on the understanding of the average person and the special understanding of the actor,starting from the standpoint of the behavior,and combining the facts recognized by the average person to comprehensively judge and evaluate.Potential damage offense is an independent type of the crime.There exist crimes.For general crimes,the modified constitution of a crime is their establishment,the general constitution of a crime is element of accomplished crime,and the standards of accomplishment for potential damage offense are dangerous states and remain stagnant of crime.The preparatory form of potential damage offense has the nature of legal infringement.In combination with specific conditions,it is punished for preparatory actions that are subjectively vicious,highly socially harmful,and that the threat to legal interests has the possibility of transforming into a real harm,and is less harmful to society.Impossibility to punish crimes that do not result in harmful results.Potential damage offense also have an attempted form.Their characteristics mainly include the embarking on a crime,the reasons other than the will of the perpetrators,and failures to achieve.The form of suspension of potential damage offense is mainly grasped from four aspects: timeliness,validity,autonomy and effectiveness.For the suspension of a crime prior to the occurrence of a dangerous state,the crime of the dangerous offender shall be directly determined,and the offense after the occurrence of the dangerous state shall be suspended.If the offense has not yet ceased,the offender shall be deemed to be discontinuation of a crime,if the criminal offense is already in a standstill state,It should be evaluated as a accomplishment of potential damage offense.