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The Study of Discontinuation of Potential Damage Offense

Author: ZhangFan
Tutor: WenHaiLin
School: Southwestern University of Finance and Economics
Course: Criminal Law
Keywords: Dangerous Criminal Crime Discontinuance Dangerous state Subjective intent
CLC: D924.11
Type: Master's thesis
Year: 2013
Downloads: 26
Quote: 0
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Abstract


Though the criminal Pattern established in the specific provisions of criminal law by legislators, the theory of Potential damage offence is very complex. So far, the research for it is still relatively simple. Therefore, in this article the author tried to expound the discontinuation of the potential damage offence which regarded as the quandary in the field of judicial practice. For example, after the occurrence of the statutory dangerous state, the persons may voluntarily and effectively prevents the actual damage consequences of the crime from occurring. How to deal with the phenomenon in judicial practice? The answer to this question is very important for criminals. The answer is different the fate of the criminal is different. That is why the author tried to expound the discontinuation of the potential damage offence in the paper.It is a general viewpoint in theory that potential damage offense is a kind of accomplished offense. But, this viewpoint has been queried in recent years. The author tried to criticize the grounds of the opinions which once queried the general point. The completion of a crime exists in the crimes of all the guilty minds, so the topic that the offenses in the specific provisions of a crime can be re-established.Of course, there are also some shortcomings in this article, I had been aware of it at the beginning, when I begin to write this title, many teachers of Perilous dangerous state criminal abort this statement, I had access to a lot of the literature and found that the crime can be set up in the dangerous state of perilous stay of considerable controversy, after long thinking, determined to write this article. The arrangements of this article also has some Shortcoming, in addition, there is no detailed discussion of some theoretical issues involved, because they do not meet in the center of this article.This article spend the author a lot of energy, although there are some shortcomings, overall, the article defines the concept of Dangerous Criminals, discussed the conditions of Dangerous Criminals Crime Discontinuance, and combing the relationship between the Dangerous crime and real harm crime. After the occurrence of the statutory dangerous state, the persons may voluntarily and effectively prevents the actual damage consequences of the crime from occurring, in this case the person will be regard as crime discontinuance.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions > Crime
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