| Harmful consequence was one of the elements of the objective aspect constitute the entire theory of crime which has an important place. However, the study of criminal law scholars are not deep enough. The results were few and there is not an unified view, for example:there are controversial issues on the position, the range of harmful consequence, etc. For that the judicial staff had not have any credentials in the process of handling cases, and even appeared some unjust, false and wrong cases. Given the special importance of the harmful consequence, to make meager contribution for harmful consequence, it is necessary to spread further research. Firstly, the thesis found the research status of harm consequence of the criminal law theory from home and abroad, analyses the research status of harm consequence about the continental law system, the Soviet Union, Russia and China. On this foundation, from four aspects which are concept, feature, sort and position of harm consequence to make the comprehensive discussion and study about some questions on harm consequence.The continental law system has the narrow sence and broad sence about harm consequence. The scholars of the continental law system supposed that harmful consequence is a selective element about the position of the criminal foundation. Harmful consequence was confined as a damage of crime object by harmful behavior in Soviet union, and it is a necessary element. The criminal law in China had made comprehensive provision about harmful consequence. There are many views on harmful consequence but we also have controversial about it.There are lots of theories about the concept of harmful consequence.we claimed that harmful consequence is the facts or risks which was caused by harmful behavior violated the direct object which the criminal law protected. Harmful consequence has lots of characteristics include the speciality, the objectivity, etc.We have made a comprehensive classification of harmful consequence by the concept and basic characteristics which has a very important role to understand the meaning of harmful consequence.We divided the harmful consequence into materiality results and non-materiality results by the standard of harmful consequence phenomenon form. We divided the harmful consequence into real harm results and dangerous results by the standard of the damage of crime object. We divided the harmful consequence into single results and complex results by the standard of single object or complex object which was damaged by harmful behavior. We divided the harmful consequence into normal consequence and aggravating results by the standard of that different results which apply different legal punishment.The far more important purpose of harmful consequence research is to determine its position in criminal foundation which can let it play a quite important role. We have a conclusion that harmful consequence is an unnecessary element by the fore analysis, Which has a very important role in distinguishing the behavioral offence, the consequential offence, determine the crime or non-crime and the weight of sentence. |
