Research On Some Difficult Problems Of Aggravated Consequential Offense

In the criminal law system of China,aggravated consequential offense is a special criminal pattern in the theory of the number of crimes.Many provisions in the specific provisions of the criminal law in China have made specific definitions on aggravated consequential offense.However,due to the complexity of the theory itself,it is often mixed with causation theory,attempted crime theory,accomplice theory,etc.,bringing many difficulties to judicial practice.Therefore,it is of great practical significance for the practical research of aggravated consequential offense to clarify the relevant theories and deeply understand this criminal pattern.Starting from case analysis,this paper focuses on the controversial issues of causation identification,attempted pattern,and accomplice pattern in aggravated consequential offense.First of all,the causality of aggravated consequential offense is the top priority of this paper,which is also the key to identify aggravated consequential offense.As for the research by scholars at home and abroad,the focus of argument among scholars lies in the way to restrain the applicability of aggravated consequential offense,where each point of view has its own unique advantages.Therefore,this paper takes the judicial practice of our country to analyze the theories and viewpoints available in the academic circle,regarding that the modified equivalent causation theory is more suitable for China’s judicial practice.Especially in case involving the third party or the victim,three factors should be comprehensively considered,namely,the dangerousness of the implementation behavior,the abnormality of the involving factors,and the contribution of the involving factors to the result.Secondly,this paper discusses the attempted pattern of aggravated consequential offense,only about whether there is an attempted pattern in the case of basic attempted crime and aggravating result occurs.On the basis of the essence,constitutive characteristics of aggravated consequential offense and the theory of attempted crime,the author regards that there is no attempted pattern in such a case,whether from the perspective of objective elements or subjective elements.At last,this paper involves accomplice issue about aggravated consequential offense.The theory of accomplice itself is a complicated topic,and the understanding of the theory has a profound impact on the identification of accomplice in aggravated consequential offense.The author believes that the identification of accomplice in aggravated consequential offense should strictly abide by the accomplice theory of our country.Therefore,the identification of accomplice in aggravated consequential offense shall be limited to the scope that two or more behavioral agents jointly intentionally commit basic crimes,and cause the aggravated result due to joint intention.Other situations shall not be treated as accomplices,but shall be identified as the accomplice of basic crime,and the aggravated result shall be attributed separately.Therefore,this paper analyzes the accomplice type of the aggravated consequential offense to address liability issue of each behavioral agent.