On The Completion Of The Potential Damage Offense

According to the criminal law theories of the civil law countries,generally,the crimes can be categorized as behavioral offense and consequential offense based on the different standards of the completed crime.And consequential offense can be classified as actual damage offense and potential damage offense,while the later can be subdivided as concrete potential damage offense and abstract potential damage offense.Owing to different interpretation toward the standard of crime completion,there is long-standing controversy on the vague standard of crime completion in Chinese criminal law theoretical field.This paper argues that the standard of the completed crime should follow the theory of crime constitutive elements,thus different viewpoints on the completed crime are discussed here to further justify the proposition that regarding the occurrence of the dangerous state as the symbol of the accomplished form of potential damage offense.This thesis adopts comparative study,explores the legislative stipulations and theories concerned with potential damage offense throughout the criminal theories at home and abroad,combines the status quo of the criminal legislation in China,makes a comparison study on the accomplished offense criterion between potential damage offense and behavioral offense and that between potential damage offense and actual damage offense,and thus negates the theory that after the appearance of the dangerous state,the act of eliminating dangerous state conducted by the offender constitutes discontinuation of a crime.On this basis,the thesis also discusses the issues concerning the criminal penalty discretion and application after the accomplished potential damage offense and further justifies that the appearance of the dangerous state,as the accomplished offense symbol of the perilous crime,will not cause the excessive preposition of the time of the accomplished potential damage offence,instead,it will better coordinate with the fundamental theory of the suspension state of the intentional crime.In the end,this thesis demonstrates whether the argument that the appearance of the legal danger state will negate the establishment condition of constitution of the suspension of the potential damage offense will impede the application of the principle of compatibility of crime,responsibility and penalty in the criminal penalty and concludes that the occurrence of the danger state should be the standard of the completed perilous crime.