Research On The Constitutive Requirements Of Result-Aggravated Crime

As an important kind of the form of quantity of crime ,aggregated consequential offense attracts much attention from the domestic and foreign scholar of criminal law. However, due to its complexity, the ambiguity of legislation and the different research perspective, there exist great argument on the study of aggregated consequential offense. So, clarify the dispute of the theories, have a right master of the concept, the characteristics, criminal responsibility of the aggregated consequential offense, will do great help for theoretical development, improvement of legislation and much precise of conviction and sentencing.The thesis center on the elements of the aggregated consequential offense, attempt to have a comb and analysis of the theory from the perspective of the case study.In this thesis, the controversy focus of the rape case of Zhang Xiaolin is whether the act of Zhang Xiaolin is the aggregated consequential offense of rape, and in the second section of the thesis, we have a analysis on the confirm of the aggregated consequential offense of rape from the perspective of objective constitution and subjective constitution. Firstly, we have a definition of"death"in the"rape causing death", which is defined to the act of rape led the victim to death on the spot or treatment valid, not including those death that is not directly caused by the act of rape, such as the death led by trying to seek help, the infection or childbirth due to pregnant after raped etc. Secondly, analyze the objective constitution of the aggregated consequential offense. There exist three theories about the objective constitution of the aggregated consequential offense, that is the single pattern theory, the complex pattern theory and the danger theory. Through the comparison and research of the three theories, based on the analysis of the advantage and disadvantage of the three theories, we propose our own view on the objective constitution of the aggregated consequential offense, that is the basic crime of the aggregated consequential offense should have already typed , have the risk of leading to the aggregated consequence, and possess a high degree of probability for the aggregated consequence . The difference between the aggregated consequential offense and offense of basic crime is the aggregated consequence, which is exceed the basic crime constitution, and in the aggregated consequential offense, the aggregated consequence and basic consequence infringe the same legal interest with the level of the risk progressively. Thirdly, we have a study on the subjective constitution of the aggregated consequential offense, involves the mens rea of the basic crime and the aggregated consequential offense. Theoretical circles have four different theories about the the subjective constitution of the aggregated consequential offense, that is intentional for the basic crime and intentional for the aggregated consequence, intentional for the basic crime and negligent for the negligent consequence, negligent for the basic crime and intentional for the aggregated consequence, negligent for the basic crime and negligent for the aggregated consequence. Through careful analysis and research of the above four theories, we get to the conclusion that the theory of intentional for the basic crime and negligent for the aggregated consequence is the most appropriate one. Finally, apply the conclusion analyzed in the second section to the rape case of Zhang Xiaolin, we come to the final conclusion that the act of Zhang Xiaolin can't be classified as the aggregated consequential offense.