| As an very important concept concerning the form of quantity of crime, the aggravated consequential offence cause many Chinese and foreign criminal scholars' attention, so its research production is very abundant. However, the complexity of itself, the illegibility of the legislation and the difference of the research angels result in disunity of the viewpoints. Therefore, distinguishing these points, grasping the scope, constitution and essence of the aggravated consequential offence may help to the development of the theory, the perfection of legislation and accurate conviction and punishment. On the base of analyzing the diverse viewpoints of the scholars from different countries, I put forward myself argumentation. I consider the aggravated consequential offence should include two kinds: "deliberation plus negligence" and "negligence plus negligence". The aggravated consequential offence should have three constituting elements: committing the basic crime, occurring aggravated consequence negligently and existing the causation between the basic crime and aggravated consequence. The essence of the aggravated consequential offence is that the basic crime cause jeopardy of the aggravated consequence, moreover, the behaviors' negligence lead to the aggravated consequence happening. Based on the existence of this jeopardy besides the purpose of carrying out the principle that punishment fits the crime and preventing the actors committing the crimes with this jeopardy, the lawmaker define these situation of basic crime leading to aggravated consequence as the aggravated consequential offence, and at the same time aggravating the punishment of this crime. The aggravated consequential offence has not the form of criminal attempt. At the end of this article, I bring forward the proposal that the general provision of the criminal of our country should be added the general regulation for the aggravated consequential offence, and the specific provisions should be farther perfected. |
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