| Consequential offence is a special type of crime types. The appearance and theparticularity of the essence of consequential offence, make it difficult to define andclassify the crime pattern, and led to constantly conflic in theory and practice. Theexisting related theory put forward some reasonable explanation, but still failed toform the acknowledgement. Whether there is attempted consequential offence, andwhat is the existence like remained controversy. In this situation, this paper tries tomake a helpful discussionthe from the following two aspects over this theory problem:one is to identify the substance of the problem, and the second is to analyse theproblem, to concluded the existence and the established situation of the attemptedconsequential offence finally.Firstly this article will summed up the existing research results, analyse thetheoretical points, claim, basis of each theory, and find out the central issue throughcomparison. Then, through combining the reasonable elementstheory of each thoery,we can define the concept and the essence of the consequential offence, try to find thepossibility of the existence of the attempted consequential offence based on theclearing of the structure of the consequential offence, and explicate the essence of theattempted consequential offence by combining the theory of the constitution of acrime, the theory of the attempt and the theory of the morphology of crime number.Finally, list different situation of the forming consequential offence, analyse eachsituation of the established attempted morphology, and come to the conclusion.Consequential offence is a kind of crime that causing a heavy results different fromthe results of a basic crime by committing a basic crime and the criminal law willimpose a more severe penalty over it. The attempted mainly include two aspects:whether there is attempted consequential offence form, and what is the attempt. Theexisting theories are mainly studing the two aspects and it also lead to tremendousdisparities. The pros think that there is the attempted consequential offence, but they have different views about the specific case. The cons argue that there is no possibilityof existence of attempted consequential offence, and they have various principles also.The constant dispute is mainly because the different understanding of the structureand each component of the consequential offence. Since the theory of the constitutionof a crime, the theory of the attempt, the theory of the morphology of crime numberand many other basic criminal theories are complicated, it requires analysing thestructure of the consequential offence and compare the condition and bound offorming the attempted crime to judge whether there exist the attempt and how it isexist. Through the structure and the understanding of nature of the consequentialoffence, we found that there exist attempted consequential offence, and this is mainlyexist in some special crime, for example, in a composite behavioral offence, aconsequential offence commit by one intentionally will fail for some accidentalreasons. Through analysing individually, this article conclude that a consequentialoffence commit by one intentionally failed for some accidental reasons will lead to theattempt, as for the basic attempted crime, when there is aggregated consequent appear,the consequential offence crime formed since all the crime constitutes complete. Atthe end of the paper, it also combined with the justice practice in our country toanalyse the practical dealing of the attempted aggravated consequential criminals, andput forward some suggestions and ideas. |
