Dispute And Identification Study Of Attempted Aggregated Consequential Offense

As a special type of crime in the field of criminal law,aggregated consequential offense has been discussed for a long time in the theory field of criminal law at home and abroad.Due to the complexity of the constitution of the aggregated consequential offense,many of the propositions surrounding it are controversial.Whether there is attempted aggregated consequential offense or not is one of the differences.As a result,the attempted issue of aggregated consequential offense is related to the size of the criminal responsibility of the perpetrator,and it is faced with the question of whether to apply to the statutory punishment and to be punished in accordance with the provisions of the attempted crime,and at the same time,it is a mirror that reflects the understanding and system construction of the criminal law.Therefore,in order to clarify the problem and other related propositions,it is necessary to fully implement the crime balance of one of the basic principles of criminal law,and effectively solve the specific problems related to this in judicial practice.This article explores the essence of the aggregated consequential offense basing on the unaccomplished crime and the composition of aggravated offense.Basing on these,discusses the existence of the attempted space of the aggregated consequential offense,and further elaborated the result aggravating crime establishment attempt concrete situation and discusses the attempted aggregated consequential offense joint crime related question,with the hope to put forward the piecemeal beneficial opinion to the attempted aggregatedconsequential offense and the related questions.In this essay,I will set forth my opinion from three parts as bellow:In the first place,I dispute and analysis of the attempted aggregated consequential offense.Clarifying the basic problem of aggregated consequential offense is the premise of probing into whether the aggregated consequential offense has failed or not.Firstly,this part starts from the provisions of criminal law,and probes into the essence and characteristics of the aggregated consequential offense.Analysis of its composition and the relationship between the components.Then,the thesis leads to the dispute of attempted aggregated consequential offense,referring to the present situation and achievement of the research in and out of the domain,combing the focus of argument between the opposing parties,and making a brief comment on it.Finally,combining with the legal provisions and academic disputes,this paper expounds the space and possibility of attempted aggregated consequential offense,and from the angles of legislative spirit,accountability,practical confusion,and proportionality of sentencing,the author points out the personal tendency and attitude of affirming the attempted aggregated consequential offense.The second part carries on the typing analysis on the basis of affirming the existence of the attempted form of the aggregated consequential offense.The typology analysis closely revolves around the two parts of the basic crime and the aggravating result,with the former accomplished or attempted and the latter appearing or not to carry on the arbitrary collocation,showing four possible patterns.On the premise that the basic criminal acts are not separated from the basic provisions of criminal law,the role of basic criminal acts in this particular type of crime is explored,the subjective state of mind of aggravating results is clearly included in the category,combined with certain examples,the achievements of the previous researchers are cited.Several possibilities of attempted establishment of the aggregated consequential offense are obtained,which provide different perspectives for legislative consideration and judicial determination.The third part is a preliminary study of accomplice in the attempted aggregated consequential offense.On the premise that the attempted aggregated consequentialoffense can be set up,the space and scope of the attempted aggregated consequential offense can be clarified,and the problem of joint crime is discussed when the result aggravating crime is attempted,so as to find the judgment path involving both cases.The purpose of this paper is to provide a way out for the attempt of aggravating the result of accomplice.