Research On Problem Of Discontinuance Of Potential Damage Offense

Potential damage offense is the product that derived from protected the early by the law and is corresponding with the actual damage offense.Throughout the theory of civil law and China’s mainland, the conception of Potential damage offense is based on three different angles, for example, the angle of the establishment of crime, completion of crime, the reason of penalties. The conception of described from the above perspective of the three has some immature sides. In contrast, the definition of Potential damage offense from the angle of establishment and completion of crime has some supports. I believe that the definition of Potential damage offense should be based on the policy of criminal legislation and combine relevant theories ,that is a criminal who do intentionally or negligently some actions that enough injure some rights and interests of law protect ,but actual damage result are not yet occurred .After the occurrence of the statutory dangerous state, whether the person who voluntarily and effectively prevents the actual damage consequences from occurring can be a discontinuation of the potential damage offense is a problem. As far as the determination of the nature of this phenomenon is concerned, there exist three kind of doctrines in theory, for example, the completion of the potential damage offense, the discontinuation of the potential damage offense and the discontinuation of the actual damage offense .This paper maintains that the doctrine of the discontinuation of the actual damage offense should be advocated. Because the occurrence of the statutory dangerous state, the potential damage offense become a kind of accomplished offense ,but this does not mean the end of the criminal process, the process of actual damage offense does not end , criminal who automatically to prevent real wrong results happening can be regarded to discontinuation of the actual damage offense .The preparatory act of the Potential damage offense should not be regarded as a crime. The existence of attempted act of the Potential age offense should be recognized.