Research On The Finished Form Of Dangerous Offence

Whether there is a stop form of dangerous offense is whether there are various specific forms of crime,such as accomplished,attempted,aborted,preparatory and so on.It is a controversial topic in recent years in the theory circle of criminal law,especially when it is intersected with other theories of criminal law.For dangerous offense,its stop form has its own characteristics due to the uniqueness of the elements of dangerous offense,which is mainly reflected in the uniqueness of its accomplished standard.The difference of the accomplished standard also affects the identification of other stop forms.Therefore,the dangerous crime stop shape research should first clear theoretical position,the dangerous crime theory combing and review research,and based on the actual situation of China's criminal law and social status to the system,so that theory comes from practice,theory to practice.This article first combs the theories about the stop form of the dangerous criminals and their respective reasons.As to this theory,the first thing is to distinguish between the accomplished form and the attempted form of the dangerous offense,which is the source of the controversy of the dangerous offense.The old generation of criminal jurists put forward the view that the dangerous offense belongs to the accomplished form,and became the theory of the theory.Against the point of view,the dangerous offender is not an accomplished offender,but an attempted offense.There is another view that dangerous offenders are similar to various forms of crime such as accomplished,attempted,aborted,preparatory and other forms of crime.The second is the commentary on the arguments of the theories of the ceased forms of the perilous offense.This paper analyzes the advantages and disadvantages of the current theory of criminal law.In fact,common theory believes that the risk of dangerous criminal point of view constitute the accomplished state once,after it is difficult to explain human behavior caused by the danger occurred,automatically prevents the damage of the suspension of this behavior cognizance,if in accordance with the accomplishment of the punishment,does not conform to the principle of modesty and criminal law.Comparatively speaking,"constitutive requirements" is more reasonable,and the state of danger is not equal to the risk of behavior.We should affirm the view that dangerous offenders have a complete stop.At the end of the article,the related theories of the form of the perilous offense are examined in connection with the provisions of the specific provisions of the penal code of China.The 114 th and 115 articles of the first criminal law of China are the provisions of the crime of arson,water,crime of explosion,dangerous substances and dangerous public hazard.Through the combing of the relationship between the 114 th article of the criminal law and the 115 first paragraph,the theory of the stop form of the dangerous criminals can be better tested.Comparatively speaking,"the basic crime and the aggravated offense of consequence" is more reasonable.In finding out the aborted dangerous offense,attempted offense of dangerous offense and accomplished offense of dangerous offense,we can find a reasonable solution to better guide the judicial practice.