On The Objective Restriction Of Aggravated Consequential Offense

As a result of the theory of self trapped forbidden area,the aggravated consequential crime was once regarded as the "residue of the responsibility of result".The academic circle had a fierce dispute over the existence or abolition of the statutory penalty because of its special aggravation.Today,with the implementation of the criminal liability doctrine,the continuous interpretation and amendment of the supporters have laid a solid foundation for the legislation of consequential aggravated crime,among which the theory of danger has laid a theoretical foundation for limiting consequential aggravated crime.This paper attempts to clarify the connotation of "special illegality" in the basis of Aggravating Punishment,so as to clarify the legal scope of consequential aggravated crime in China and provide a path for the objective limitation of consequential aggravated crime.The paper is divided into the following three parts.The first part is to show the status of judicial identification of consequential aggravated crime in China.Based on the brief introduction of the representative cases in China,the author finds that the current situation of judicial determination of consequential aggravated crime is very chaotic,especially in the determination of the second level causality(between basic behavior and consequential).In practice,in addition to recognizing the theory of direct causality and condition,it also quotes the philosophical concept of "inevitable causality",and even affirms the establishment of consequential aggravated crime without mentioning causality.It is worrying that the penalty is so heavy,but the standard of cognizance in practice is not clear.The second part is about the research of the basic theory and independent value of consequential aggravated crime.The author sums up the focus problem of "the basis of Aggravating Punishment" from the controversy on the existence and abolition of the consequential aggravated crime in the academic circle,thinks that "compound morphology theory" and "danger theory" have their merits,and puts forward the dualism of "compound danger" which accords with the actual legislation of our country,which provides theoretical support for the continued existence of consequential aggravated crime in the legal norms.At the same time,it is stated that the establishment of consequential aggravated crime,which is supported by the theory of danger,needs more restrictions.The third part is the focus of this paper.In order to solve the problems of unclear judicial standards and heavy penalty settings,the author chooses a more timely and economic method: to counter the progressive path of its composition with the present penalty.Firstly,the legal scope in China should be clarified by the nature and degree of limiting the heavy consequences;secondly,the establishment scope of "aggravated consequential offence beyond the sum of penalties" should be restricted by referring to the German direct relevance theory: the establishment of "inherent danger" should be judged by the "revised standard of conduct",and the "realization process of inherent danger" should be judged by the "near cause theory".