On The Limitation Application Of Consequence Aggravated Crime

In the criminal law of rape,robbery,intentional injury,maltreatment and other crimes,it is stipulated that when the victim seriously injured,death,according to the corresponding crime more severe legal punishment.As the result aggravated offense,this kind of case has the tendency of expanding application in judicial practice.The purpose of this paper is to put forward clear and practical judgment criteria,standardize and limit its application,and maintain judicial authority in view of the tendency of enlarging the identification of consequence aggravated crime.Starting from judicial practice,this paper collects a large number of case samples and finds out that the expansion of aggravated results is manifested in expanding the identification scope of the act of execution and expanding the effect of the act of execution on aggravated results.Through the analysis of the trial documents one by one,it is found that the specific reasons are insufficient argumentation of the causality between the doer’s behavior,the execution behavior and the aggravation result,and the identification standard is not uniform.It can be seen that the implementation behavior and causality are the key points of normative limiting.In order to change the current situation of the expansion and application of the aggravated consequence offense in judicial practice and accurately assign criminal responsibility,we need to solve the theoretical basis of the constitutive elements of the aggravated consequence offense--the basis of aggravated punishment.At present,there are single form theory,combined form theory,combined form duality theory and dangerousness theory.On the basis of proving the advantages and disadvantages of each theory,this paper advocates the theory of danger based on the necessity of negligence,and constructs the double limiting theory of practice and causality.The establishment of consequence aggravated offense aims to prevent the high risk of legal interest infringement and the risk actualization into the result.The former is the category of actuation,while the latter is the category of causation.The limitation of practice behavior is judged from two aspects:establishment scope and special danger.In terms of the scope of establishment,the conformity of constitutive elements is advocated and analyzed objectively after subjectively.In the aspect of special risk,the risk of behavior is investigated according to the standard of ordinary people in the society by considering the specific case factors such as behavior mode,means,environment and object.As for the limitation of causality between practice behavior and aggravation result,the direct correlation theory is advocated after comparative analysis.The so-called "directness"means that the high risk of the basic behavior certainly leads to aggravating consequences,and there is no causal deviation.In order to be as correct and rigorous as possible,we should judge from the point of view of scientific law on the basis of all the facts at the time of the act,without excluding the judgment of the intervening factors.Finally,this paper selects three representative cases of aggravated consequence offense in practice,and demonstrates and analyzes them by applying the dual limiting theory of practice behavior and causality,which reflects the advantages of normative limiting.