Dangerous Crimes Research

Dangerous crimes in our country the provisions of the criminal law is an important type of crime, is bylaw benefit protection of early fuelled typical product, it is the theory of criminal law is an importantsubject of hard. Although in China mainland about dangerous crimes have the book was published, but ourcountry criminal law theory about dangerous crimes research start is not a long time, good day, as arepresentative of the civil law of criminal law theory of dangerous make for a more in-depth discussion, butfor a variety of reasons, our country to Germany and Japan dangerous crimes of the theory referenceenough, the specific discusses in dangerous crimes in many differences still exist. Based on the analysisand comparison of the theory, using the methods of combining the practice, to the dangers of the criminallaw, the concept of dangerous crimes, dangerous crimes and relative concepts, the relations between theconcrete risk classification dangerous crimes committed and the abstract dangerous crimes, deliberatelydangerous crimes and negligence dangerous crimes committed and dangerous unfinished thorough,comprehensive explanation and research.This paper, besides the introduction and conclusion, which can be divided into the following five partsmade of dangerous relevant issues are discussed:The first part of main expounds the dangers of the criminal law. The author points out that the dangersof the criminal law is behavior itself is to make the criminal law of the law benefits from the possibility ofinfringement, or behavior in the criminal law benefit damage may state.The second part mainly expounds the concept of dangerous crimes. Because of the scope of thedangerous crimes in understanding differences, the concept of dangerous crimes there are three foothold,respectively is punishment according to said, crime and established said crime accomplishment said. Theauthor thinks that, in the theory of Chinese criminal law, to define the concept of dangerous crimes shouldbe in an objective and constitutions elements include the risk of legal status to standard, that is dangerouscrimes is behavior person based on intent or negligence of the subjective form for a dangerous act whichled to the constituents of the elements as the perilous state of the legal in crime.The third part mainly introduced the dangerous crimes and relative concepts of the relationship. The author thinks that will harm result in as constitutions elements of standard, can be divided into crime andcriminal behavior made the results. As a result of the form for the standard, and make the results can bedivided into real harm to make and dangerous crimes. So we can see that dangerous crimes is a kind ofmade the results, not and behavioral offence, the results make one of crime type. On the analysis of thedangerous crimes and real harm the relationship between the author thinks that make: real harm isdangerous crimes committed the consequential offence.The fourth part mainly analysis the dangerous crimes in the specific dangerous crimes and the abstractdangerous crimes, deliberately dangerous crimes and negligence dangerous committed this two kinds ofclassification. In talking about specific dangerous crimes and the abstract the classification of dangerouscrimes, the author analyzed the classification, and the necessity of the accomplishment and the essence ofconditions from content, behavior standards, judgment method of different to discuss specific dangerouscrimes and the abstract dangerous crimes distinction, and then expounds the judgment method, and sums upin our country criminal law the specific dangerous crimes and the abstract of the dangerous crimeslegislation. In talking to intentionally dangerous crimes and negligence of dangerous crimes classification,this paper focuses on the fault dangerous crimes the necessity of crime, foreign about dangerous crimeslegislation of the fault, in China on dangerous crimes legislation of the fault, and suggested that our faultdangerous crimes in the range of punishment and set on the legislationThe fifth part mainly expounds the dangerous crimes three unfinished. First analysis of the dangerouscrimes prepared form is existence, and puts forward the "in principle of crime act shall not be punished for,but with serious harm to the crime shall be punished prepare behavior" method is conforms to our countrycriminal law the reality of the situation. And then expounds the dangerous crimes in the form of attemptedwas established, and claims of dangerous crimes in principle of punishment offense, for specialcircumstances to the judge in the judicial practice specific discretion. Finally in the crime to suspend formanalyses the actor in the perilous state after appearing active prevent harm result of behavior that occurredin theory risk make accomplishment said, dangerous crimes and real harm to suspend the said made threesuspended said view, is the author of the argument of a real proof against making suspended the rationalityof the said.