Research On Issues About Application Of Abstract Potential Damage Offense

Whether it comes to a risky society or not,it is undeniable that the endoge-nous risk continues to increase with the development ofeconomy,which means the permissible risk turns to be untolerated.For this it becomes necessary for criminal law to take actions to regulating overcontrolled social risks.For the otherwhile,we should congnise that criminal law which legitimate behaviors as abstract potential damage offense is still based on the the gound of industrial society.So,it’s time for us to review the issues about abstract potential damage offense,in order to offer some theory guide for legislation and application.Firstly,about the relationship with related concepts.This paper argues that differences between abstract potential damage offense and specific damage offense reflect on such aspects:the relationship between the harmful result and risky behavior,the relaitonshiop between the risk and harmful result,the judgment method of risk.For the distinguishment for it from consequential offense,behavioral offense,we should recognized that the standard should be consistent.After that,some part of abstract potential damage offense belong to the behavioral offense,while it is included in consequential offense for admitting risking consequence as one kind of consequences.Secondly,for the basis of punishment for abstract potential damage offense,it is clear that the that lies in the risk of consequence.Morever,the judgment should takes the substantive standard,whose materials should based on the facts found afterwards and the respective of ordinary people.Furthermore,the standard of its criminal pattern should adopt the elcecticism,which means the potential risk is the establishment cond-ition,not the accomp-lishment condition,and there are possibilities that it has defferent patterns.For the standard ofaccomplishment,specific issues should be analysed specificly.The preparatory state of the crime is not punishable in principle.For the identification of automatically removing the dangerous state of the behavior,special suspension of crime cannot be applied in china.if the crimes comes to be accomplished,such behavior for automatically removing dangerous state should be took into conside-ration;If not,it can constitute suspension of crime.The purpose of this paper is to derive reasonable conclusions from the doctrine.And on the basis of distinguishing between "the establishment of crime and the accomplishment of crime","the object of imputation and the standard of imputation","the code of conduct and the standard of sanctions","the function and legitimacy of the penalty",try to clarify the connotation and extension of abstract potential damage offense,in order to contribute to its limitation and application.