On The Consequential Aggravated Crime

The criminal legislation of various countries does not make general provisions on the relevant conceptual characteristics of consequential aggravated crime,so consequential aggravated crime as a special crime has been controversial in the criminal theory of various countries.For the study of consequential aggravated crime,scholars generally focus on the subjective fault,attempted crime and joint crime.Results there are four kinds of combination in the theoretical research,but in the judicial practice and legislative provisions,there are only two types of crime:"intention+intention" and "intention+negligence".Results the main controversy of attempted felony is whether there is the possibility of attempted felony,if there is attempted felony,whether there is attempted felony in all combination types.Although the constitution of consequential aggravated crime is different from that of general crime,as a substantive crime,its attempted provisions are no different from that of general crime.As long as they meet the requirements of the establishment of attempted crime,consequential aggravated crime should not be excluded from the establishment of attempted crime.As to whether there is joint crime in consequential aggravated crime,the theoretical research mainly focuses on the form of culpability of consequential aggravated crime.Because the criminal law of our country explicitly stipulates that joint crime can only be established in the case of intentional crime,so the academic circles think that the type of "intention+fault" as the typical form of consequential aggravated crime does not have joint crime problem.However,the structure of consequential aggravated crime is complex and comprehensive.It should not be treated as a negligent crime in the category of "intentional+negligent",but different types of accomplice should be classified and discussed,and a unified recognition standard should be established for all types of accomplice.