The Judicial Application Deviation And Correction Of The Aggravated Consequential Offense

In the theoretical research,there are different opinions on aggravated consequence offense,and the provisions of the current criminal law in our country are scattered.How to judge whether aggravated consequence offense is established is a difficult point in judicial practice.Due to the deviation of judicial staff’s cognition and the large discretionary space stipulated by the law,there are many deviations in the judicial practice of aggravated crime of consequences.The goal of judicature is to pursue justice,indulge the crime to damage justice,is to impose punishment beyond the responsibility penalty to the criminal also damage justice,so it is urgent to understand and apply the result aggravated crime correctly,correct the result aggravated crime in practice many deviations.This article follows the train of thought of putting forward the problem,analyzing the problem and solving the problem.This article is divided into four parts.The section one is the theoretical foundation.Through the introduction of the basic content of the result aggravated crime,the emphasis will be on the result aggravated crime and imagination coincident crime,aggravated crime,conversion crime,felony murder to distinguish,further clarify the extension and connotation of the result aggravated crime,so as to better define the scope of the result aggravated crime.The second part is the analysis of judicial deviation of aggravated crime.Through searching relevant judicial documents on Chinese judicial documents network,this paper analyzes and summarizes the specific cases of aggravated crimes by results.This part focuses on the analysis of the results of aggravated crime there are too large scope of application,confusion of judgment standards,sentencing differences and other deviations.The analysis of actual cases shows that the judicial practice is still affected by the residual liability of results,and blindly applies results to increase liability.More importantly,for the same type of case,different courts at different levels,different regional courts and different judges have large deviations in the qualitative and sentencing,which affects the judicial authority and credibility.The third part analyzes the origin of judicial deviation of aggravated crime of consequence.Through the study of the case,it is found that the reasons for the judicial deviation of the aggravated result crime are that the subjective fault of the aggravated result has not formed a consensus,the judgment of the causal relationship between the aggravated result and the basic behavior is wrong,and the judgment of the discretion leads to the inconsistent grasp of the sentencing standard.In judicial practice,the determination standard of causality is confused,direct causality is abused and indirect causality is frequently applied.And lack of specific analysis of causal relationship or analysis of the process is too simple.The law gives judges the space of discretion,which shows the inclusiveness of the law,but too vague legal punishment will lead to the judicial authorities can not unify the range of sentencing.The fourth part puts forward some opinions on how to correct the judicial deviation of aggravated consequential offense.Based on the previous research,this part returns to the present situation of our country’s legislation,criminal policy and judicial practice,through the restriction of the basic behavior,the restriction of aggravation result,the restriction of the crime,the restriction of the causality,and the restriction of sentencing,this paper puts forward the path of correcting the judicial deviation of aggravation result.This paper holds that the basic behavior of the consequential aggravated crime should have the high risk of the occurrence of the aggravated result,the aggravated result should be independent of the basic result and be the qualitative upgrade of the basic result,and the subjective fault of the consequential aggravated crime should be at least negligence,the sentencing principle of the aggravated consequence crime should be strictly observed.