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The Result Aggravated The Dispute Resolution Under The Theory Of Limited Compound Morphology

Posted on:2019-06-14Degree:MasterType:Thesis
Country:ChinaCandidate:J P YiFull Text:PDF
GTID:2436330566983899Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
This paper mainly discusses the concept of the aggregated consequential offense,the basis for punishment,the essence of the consequential offense,the identification of the basic behavior and causality,the form of subjective crime and the attempted crime form.First,we discuss some basic problems of the consequential aggravation.It is the most controversial problem of the consequential offense,the beginning of the subjective crime,in which the theorists first discussed about.And then,clarifying the definition of the concept of the consequential offense combined with the characteristics of the consequential offense that the concept that the generalized theory is more reasonable to define the consequential offense,and that the theory of behavior of dangerous of the offenders may be more reasonable.A basic crime that constitutes a consequential offense.The two is from the standpoint of the school to recognize the result plus offense.The different understanding of the different views on the consequential offense in the different views of the school of thought.The three is to explain the basis for Aggravating Punishment of aggravated consequential offense from the purpose of preventing necessity and legal interests.Secondly,from the angle of restricting the scope of the aggravated crime,the author puts forward the association rules and the risk rules to identify the basic behavior,and combines the rule of basic behavior identification with the judgment of causality,and rationally identifies the scope of the establishment of the consequential offense from different logical levels.Thirdly,the author analyzes and discusses the subjective culpability of the consequential offense,and the subjective culpability of the consequential offense should be coexisted with the coexistence of a crime.In the identification of the basic crime,the perpetrator needs the "foreseeable possibility".In the field of subjective crime,the author claims that the identification of negligence is equivalent to the understanding of the basic behavior.The danger generated is adeliberate crime for the aggravated offense's subjective fault form.The actor needs to actively pursue the will factor to transform the danger into the actual damage.Finally,the author discusses the attempted problem of the consequential offense.From the essence of the consequential offense and the balance of crime and punishment,the author argues that there is no attempted result plus serious offense,but there is an attempted offense of consequential offense.
Keywords/Search Tags:aggravated consequential offense, limited compound form theory, rules for limitation, risks of essential
PDF Full Text Request
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