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Research on the Constitutive Requirements of Result-Aggravated Crime

Author: YangHui
Tutor: XingZhiRen
School: Liaoning University
Course: Legal
Keywords: Aggregated Consequential Basic crime Aggravated consequence
CLC: D914
Type: Master's thesis
Year: 2011
Downloads: 22
Quote: 0
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Abstract


Aggregated Consequential concern for many criminal law scholars both at home and abroad as an important form of crime number theory. However, the theory itself has a complex nature, coupled with legislative vagueness and scholars angle difference, resulting in consequential offense this theory research is very rich, but it was a doctrine of many viewpoints everywhere difficult to a unified status quo. Therefore, to clarify the various theories dispute correctly grasp the problem of identification of consequential offense, for a better understanding of this quantity of crime, and promote the development of the theory, the perfection of the legislation as well as in practice, the more accurate the conviction and sentencing is necessary 's. Consequential Aggregated Select herein constituent elements of topics, from the case studies, the angle of view, trying to sort out this theory, analysis and research. Zhang Xiaolin rape case, the focus of controversy in this article is that Zhang Xiaolin's behavior whether it belongs to the consequential offense of rape, and then in the second part of the article on the rape consequential offense identified focus from objective constitutes subjective constitute two aspects expand the analysis. First, in the analysis of consequential offense of subjective and objective constitute before, I do rape people were killed in the \within the scope of the death or ineffective treatment, including infection death help lead to death caused by pregnancy or childbirth die in childbirth and other non-directly caused the deaths due to acts of rape. Secondly, to analyze the consequential offense objective constitutes, the Aggregated Consequential objective constitute history had a single form theory, a complex form of risk theory three theories, the author of the comparison of the three theories and research in sublation on the basis of the advantages and disadvantages of various doctrines, consequential offense objective constitute their point of view, that is the the Aggregated Consequential basic criminal acts have typed, leading to the aggravation of the result of the risk, and lead to heavier result in a high degree of probability ; of consequential offense and basic criminals difference is that there has been to go beyond the basics to commit aggravated consequence of the constituent elements heavier results with basic results against the same type of legal interests and was dangerous liters layer relationship. Again, on of consequential offense subjective constitute research. Aggregated Consequential Offense subjective constituted by the basic acts of sin and Aggravated Offense result sins of two aspects of the basic behavior theorists Aggregated Consequential subjective constitute intentional and deliberately aggravated the result, the basic behavior is intentional and aggravated results negligence, the basic behavior of the result of negligence and aggravated intentional basic acts of negligence and aggravated consequence negligence four kinds of theory in the analysis of the points mentioned above, I come consequential offense subjective constitute basic acts of intentional aggravated consequence The fault of this form is the most reasonable. Finally, the conclusion of the second part of the analysis used in this case, to arrive at the final conclusion of consequential offense of rape does not belong in this case Zhang Xiaolin.

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CLC: > Political, legal > Legal > UNIVERSITY > Criminal law
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