Research On Aggravated Consequential Offence

Generally speaking,aggravated consequential offence is usually brought into the perspective of criminal law theory as a question of crimes.Correctly grasping the condition of the aggravated consequential offense attempted,composition characteristics,and whether there are attempts or not is an important problem.There are very important theoretical values for a better understanding of aggravated consequential offence,and they can provide theoretical support for legislation and further improve the criminal code.The system is also full of practical significance.It can help judicial personnel master the spirit of legislation and increase awareness of aggravated consequential offence,so as to accurately determine crimes and reasonably measure sentencing.It is conducive to maintaining the authority and seriousness of criminal law,which is essential for achieving justice.This article is divided into an introduction and the following four parts.The first part is an overview of the basic theoretical problems of aggravated consequential offence,starting from the concept of aggravated consequential offence and its theoretical development,combining with the legislative model of aggravated consequential offence in China and sort out the theoretical issues,in order to understand the fundamental meaning of aggravated consequential offence.In the second part,the author introduces the constitution of the aggravated consequential offence,beginning with the establishment of the basic crime and the constitution of the resulting aggravated crime,and then analyzes the relationship between the basic crime and the resulting aggravated crime.Meanwhile,the cause-and-effect relationship between the basic criminal behavior and the aggravation result is analyzed concretely by combining the cases of intentional injury death and traffic accident death.The third part mainly deals with the attempt of aggravated consequential offence.Firstly,through the relevant literature at home and abroad,it introduces the different theories on whether there is attempted aggravated consequential offence,introduces the disputed nature of whether there is attempted aggravated consequential offence,and puts forward its own views.The fourth part is to further elaborate the criminal responsibility and legislative improvement of the aggravated offenses in China after the analysis and combing of the previous three parts.On the one hand,by recognizing the basis of aggravated consequential offence,the rationality of aggravated consequential offence is commented.On the other hand,on the basis of the previous research,we put forward suggestions to improve the legislation of aggravated consequential offence in China.