Research On The Aggravated Consequential Offence

For consequential offense, our legislative level Penal Code General Part does notestablish general provisions, it is only the more severe the punishment to the practicalapplication of consequential offense and consequential offense provisions specified insub-rule. Theorists are also different opinions about consequential offense, the bigdifferences that the question of the nature of consequential offense, the basic structureand presence of attempted is a lot of controversy, and in real life, the AggregatedConsequential cases is endless, are common, much more and more, the trend ofgetting worse. So to strengthen the study of consequential offense becomesparticularly important, not only because this behavior man which crime, howsentencing has great significance, but also because it relates to the suspects may bearrested or even life. This article by appropriate analysis and discussion on issuesrelated to domestic and foreign scholars have studied various viewpoints onconsequential offense, and put forward their point of view on the foundation of thestudy of the predecessors of Aggregated Consequential, hoping to draw a complete and clear and reasonable conclusion, which guide judicial practice.This article consists of four parts:First, the basic problem of the aggregated Consequential Offense.The definitionof the consequential offense,the nature of interpretation, the basic structure ofconsequential offense,the reason of the punishment,for four parts.(1) Aggregated Consequential defined. Theoretical circles there is the narrowsense, the most narrow sense, and generalized says three theories. After analysis ofthe point of view of the various theories, the author reveal their own attitudes thatsupport generalized said, and explained why.(2) The nature of consequential offense interpreting. There are three theories: asingle form the theory will aggravate results exclude outside in the establishment ofconditions, I feel it is only aggravated by the state the penalty right to start. Thecomposite morphology theory will aggravate the results as a combination committing.Risk theory is that by its very nature is a basic behavior itself may lead to weightresults with a high degree of risk. The author analyse and judge expounded theirviews. (3) The Aggregated Consequential basic structure. First of all, implementation ofthe basic crime but caused heavy outside the basic composition results. The second,has a direct causal relationship between the perpetrator of the crime and aggravatedresults. Once again, the perpetrator of the basic crime to have a subjective faultimputable, and aggravate results at least negligence. The last, Legal punishment ofcriminal law on its rules on the increase.(4) Consequential offense penalties basis: First of all, the results of the analysisof such legislative reasons, Secondly, the author thinks that in May foresee worseresults, the offender is still choose to implement such a highly dangerous behavior,subjective vicious is bigger, so to aggravate the punishment.Second, consequential offense attempted. There are two cases to analyse:First, the analysis of the problem of the Aggregated Consequential’s attemptedaggravated consequence occurs. Certainly say that the attempted aggravate resultsoccurred. Negation said that does not hold consequential offense, much lessconsequential offense attempted. I believe that the negative theory is more convincing,and then analyze the reasons. Secondly analyzes the fundamental offense attempted when attempted of theaggravated consequential offense. Definitely say that even heavier, as long as thebasic Attempt, consequential offense attempted. The negation said, the Basic Crime,aggravated consequence consummated. The research profiling of the two theories, theauthor showed their support to say for sure that view.Third, the legislation of the aggravated consequential offense(1) The status of legislation: About the general rules of the aggravatedconsequential offense:China and other countries, it is only in sub-rules in compliancewith their practical application, not in the general part of the establishment of generalprovisions; The provisions of the specific provisions of the aggravated consequentialoffense: I believe that the representation roughly two sub-rule may be appliedconsequential offense punishment,"causing serious injury or death" and "causing...serious injury or death.(2) The legislative proposals, the chapter is the conclusion of this article.Although the predecessors to has carried on the thorough study of the aggravatedconsequential offense, but I still want to teach fish to swim, the courage to put forward some Suggestions: First, follow the example of other countries in theestablishment of specialized terms in the General Provisions. Second, equipped withmore detailed legal sentence. Third, set up a special clause in the sub-rule emphasizedconsequential offense, to guide people to better use provisions.