On The Pattern Of Aggravated Offense

Aggravated crime of plot is due to the behavior of the implementation conforms to the basic constitution of crime and provisions explicitly "serious plot(special)" or "plot(special)bad" and was aggravated crime and crime type evaluation.In our country,the provisions of criminal law structure,due to the general statement that "the plot" refers to the behavior of objective hazards(severe)or fault degree(bad)corresponding to a greater level of statutory punishment case upgraded paradigm,a considerable proportion of,must be clear and answer the following questions norms of criminal law theory and criminal judicial practice: the crime with aggravated circumstances and basic structure,and derived form association aggravated logic;relationship between aggravating circumstances and results,the aggravated crime;aggravated circumstances or conviction sentencing;aggravated offense of aggravated circumstances and the normative theory of discretionary circumstances is mentioned from time to time behavior,behavior object,time and place,the behavior of people and behavior identity number if there is any connection.On the basis of further answer: whether there is guilty of aggravated unaccomplished offender or what conditions;common crime is the same charges when there is no necessary qualitative basic crime and aggravated crime;how to determine the nature of the concurrence of aggravated crime and accurately determine the criminal responsibility? Because of these problems are derived from the Chinese mainland criminal law unique general legislation model,they can only be put to the corresponding solution in the system of criminal law theory Chinese context of rule of law and the code,simply copy the foreign criminal law theory seems to be of no avail.In recent years,scholars in mainland China for aggravated nature and criminal law evaluation made an ongoing research,but aggravated the connotation,characteristics and types of the basic role of the answer is still in various conditions for the aggravated crime of incomplete and complicity,existing research or not form an authoritative conclusion either in the whole fuzzy state,therefore,on the topic of clear thinking,has important theoretical and practical significance.Besides the introduction and conclusion,the article is divided into five parts,about 56 thousands words.The first part mainly introduces the related concepts and commit aggravated characteristics,aggravated crime basic crime and aggravating circumstances of two parts,is a relatively independent aggravating constitution,and the constitution is derived the relationship between the species,and the number of aggravated results,is a parallel relationship,the two have significant difference plot aggravated crime reflects the three legislative modes in China’s Criminal Law: Ming column type,general type and mixed type,discusses the relationship between "plot" and "aggravating plot aggravate","serious plot(special)" and "plot(special),and the connotation of bad form is aggravated behavior,behavior object,time and location,identity and number,which is the premise of aggravated crime and the establishment of logic form.The second part,a clear legal basis of aggravated crime analysis form,includes two parts: theoretical basis and norms,the principle of legality and principle of balance between crime and punishment is aggravated crime and the theoretical basis of form,the provisions of the criminal law and judicial interpretation constitute aggravated crime and norms established the basic form.In this paper,I agree with the emphasis on the aggravating circumstances and the sentencing rules,and think that aggravating circumstances is a kind of conviction circumstances.The third part,analysis of aggravated crime and unfinished form,and the consequential offense generally no unaccomplished offender,exists in the form of attempted aggravated crime in a certain range and conditions,the attempted crime in the basic does not appear and the perpetrator "did not succeed",such as burglary to grab belongings.Aggravated crime unfinished form of the crime should be divided into three stages: compliance with the aggravated crime,whether aggravated offense attempted,with aggravated crime form specific circumstances,and has four kinds of situations: basic crime and aggravated attempted crime elements,basic elements and + aggravated attempted.The basic crime + aggravated not in the basic crime,aggravated crime + elements.The means to increase the object of the existence of the existence of an attempt,the plot is bad,that is,the motive can also be found that the bad,not only the nature of the crime aggravated by circumstances,but also in line with the requirements of the principle of balance between crime and punishment.The fourth part,analysis of relationship between aggravated crime and joint crime,constitutes an aggravating,simple common crime aggravating circumstances recognized the difficulty is relatively small,the behavior of complex crime offenders are aggravating constitute or basic structure relatively complex.According to the principle of common crime,the accomplice of aggravated cognizance mainly inspects the accomplice subjective will content control crime,see accomplice common intentional established in extent and scope,see the accomplice crime phase difference,according to the accurate separation of the crime and aggravated crime,the accomplice for can charge different charges,can also be different form the same.The fifth part discusses the concurrence of the aggravated crime.China’s criminal law provisions of the aggravating circumstances usually follow "serious","bad" of the general provisions,the plot system refers to the contents including means,object,result,motivation,so it’s not like Erfolgsqualifiziert Delikte as easy screening of crime,the legislator explicitly requested aggravated result is aggravated,which identified a the crime of aggravated punishment and applicable to.The generality of the plot means may overlap with the adjacent crime constitution,such as the huge amount of cable which is being used in the theft.The use of imaginative joinder of offenses,the application of felony aggravated the scope of legal punishment,but also to achieve a balance between crime and punishment.