On The Aggravated Consequence Crime

The aggravated consequence crime, which determined whether the punishment of criminal actions shall according to combined punishment for several offenses or according to one crime, and thus determined the extent for measurement of punishment, plays an important role not only in the theory of criminal law but also in judicial practice. However, the current legislative situation of aggravated consequence crime does not in conformity with its status. In China, the criminal law is lack of principled provision, and the specific legal norms that touch upon aggravated consequence crime are mainly manifested by separately articles. All these lead to theoretical dispute and intricate practice, which in turn lead to lots of problems that need prompt solution.Therefore, the author tries to start with the disputed basic theories of the aggravated consequence and then deepen progressively by combining multi-angle researches both at home and abroad so as to put forward my own views with the expectation of enriching the relevant theory and promoting the unity of legislation, thus guiding judicial practice. The author will explain specifically through the following four chapters:Chapter one introduces the definition of aggravated crime. Based on the analysis of the three theories in force, the author maintains that the concept and constitutive requirements should be differentiated and the aggravated consequence crime should be defined on the basis of the principle of literal interpretation. After having a clear understanding of the meaning of the aggravated consequence crime, the author tries to further summarize the unique feature of the aggravated consequence crime, therefore lay a foundation for the following analysis of relevant content.Chapter two analyzes the constitution of the aggregated consequence crime. The author plans to discuss three elements of the aggregated consequence crime in three sections respectively. Section one mainly analyzes the constitution of basic crime, which as the cornerstone of aggregated consequence, from the criminal forms and classifications of basic crime. And then puts forward two criminal forms----eliberate and specific subject professional negligence, and suggests that the classification of basic crime should not be restricted at the same time. Section two analyzes the content of aggregated consequence, especially emphasizes intentional and negligent criminal forms of aggregated consequence. Section three introduces the casual relationship between basic crime and aggregated consequence.Chapter three mainly analyzes the related problems of the aggregated consequence crime. This chapter will be divided into two sections. Section one introduces attempted aggregated consequence. After analyzing the basic theories of aggregated consequence, such as the differences between convicted requisites and constitutive requisites of aggregated consequence, liability basis and double evaluation, the author suggests that attempted aggregated consequence do not exist. Section two the author analyzes joint offense of the aggregated consequence crime, and puts forward that if the proper subjects of aggravated consequence are on the basis of the common crime of intentional, they are guilty of joint crime. The author hopes that the analyses of these two points can be helpful for dealing with the judicial practice.The author attempts to summarize the awkward position of aggregated consequence in judicial practice on the basis of the analyses of the preceding three chapters, and thereby advocates to perfect legislation, enlarges the sphere of aggregated consequential legislation, so as to differentiates criminal forms and as a result, to accord with different criteria of imposing penalty.