The Research On Statutory Sentencing Aggravating Condition

Is it necessary to differentiate the statutory sentencing aggravating conditions(referred to as the " ascending condition ")and how to differentiate them? Relevant discussions and debates occurred since the first appearance of the differentiation theory proposed by Professor Mingkai Zhang.This kind of differentiation is based on the change of behavioral type which is not comprehensive enough to overlap all possible ascending condition of criminal law and needs to be amended.As a derivative of constituent elements,,ascending conditions need to meet the basic characteristics of constituent elements.The three features plays an important role to verify whether it meets the constitutive requirement or not.However,specific attention must be paid when this method is employed to verify aggravating conditions since Chinese criminal law made special standard for the establishment of crimes,namely the qualitative and quantitative model.Besides,among the two classifications proposed in the differentiation theory,there is still a class of ascending condition that cannot be adapted to the differentiation theory(referred to as atypical ascending condition).For example,larceny has three levels of sentences according to amount of theft,In addition to the highest level,the other two levels belong to aggravating conditions or sentencing rules,and thus the problems such as attempted crime and erroneous self-cognition of one’s crime fact are carried out.Since aggravating conditions belongs to constitutive element and is relatively independent,there are some problems such as attempted crime and accomplished crime,erroneous self-cognition of one’s crime fact,and criminal competition.How to accurately position such atypical ascending condition is a controversial issue in contemporary theory and further discussion is needed to determine the pattern of a crime-Accomplished or attempted as well as its sentencing for all kinds of atypical ascending condition.Since atypical ascending conditions are largely concerned with the money that cases involved.,this article mainly focuses on the discussion related to these cases,and analyzes the theories of the two doctrines on the ascending condition,and see if there are parts that need to be improved.this paper starts with the related discussion of the number of crimes,and analyzes the theory of the two theories on this kind of ascending condition,and see is there anything that can be improved.On the whole,I agree with the distinction,but it is not clear that it is the only distinguishing criterion to change the basic behavior type,and it can not solve the controversial issues in the theory and practice of ascending condition.Therefore,this kind of ascending condition should start from the three major functions of the constitutive requirements of all aspects of the test,and then combined with China’s special "qualitative + quantitative" crime establishment standards,after scientifically and accurately defining the nature of such atypical ascending condition.In regard to the identification of crime completion form,erroneous self-cognitive crime fact and other aspects of the content to make more in line with the theoretical logic and practical requirements of the explanation.