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Study on the Attempted State of the Aggravated Offense

Author: WenChunYan
Tutor: LuYouXue
School: Southwest University of Political Science
Course: Criminal Law
Keywords: the Aggravated Offense the Basic Offense the Aggravated Circumstances the Attempted State
CLC: D924.1
Type: Master's thesis
Year: 2011
Downloads: 29
Quote: 0
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Abstract


The aggravated offense has a long history, especially the consequential offense with earlier provisions. Aggravated offense refers to the patterns of crime that the law regulates a more serious punishment on the acts when the criminal commit a basic crime with other more serious legal result. Generally speaking, it includes the consequential offense, the aggravated offense by circumstances, and the aggravated offense by the amount. Our country lacks the overall study on the attempted state of the aggravated offense, especially that of the aggravated offense by circumstances, and the aggravated offense by the amount. However, problems of the identification often appear in our judicial practice related to the attempted state of the aggravated offense. Therefore, the study on the attempted state of the aggravated offense can provide a better basis for the identification of the offense and clarify the ideas. And the study can better the theory of the attempted state and the system of the aggravated offense.This article is constituted by three parts.The first part is an overview of the Aggravated offense. In this part, the paper firstly elaborates the controversy of the concept of the offense, focusing on ideas of theorists Review and the problems related to the clarification of the definition of the offense, the paper make a conclusion that the offense with legality is in line with crime essential characteristics, in line with the characteristics of responsibility doctrine, in line with the legal punishments, and has a relatively independent relationship with the basic offense. Secondly, the paper elaborates the sins of the aggravated offense, and we think there’s no need to restrict the sins of the offense artificially. Finally, the paper classifies the aggravated offense by different criteria.The second part elaborates the research on the controversy of the aggravated offense. This section makes a research on the viewpoints of the controversy of the attempted state of the aggravated offense, and the paper consider that the aggravated offense has the attempted state considering from the sin of the offense, our criminal standards of guilt Suiting in terms of principles, the standard of the completed state and so on. As a result, we can encourage the criminal to stop the offense and make a change.The third part elaborates the clarification of the attempted state of the offense. This session firstly clarified the attempted state of the consequential offense, and the paper holds that the attempted state of the consequential offense only can be clarified when the basic offense is uncompleted and the aggravated results show up. What’s more, the clarification should consider the standards of attempted state. Secondly, this part elaborates the aggravated offense by circumstances, and the paper holds that the clarification of the attempted state of the offense should consider the relative dependence of the aggravated circumstances, and that of the subjective part. This session finally elaborates the aggravated offense by amount. The paper concludes that the clarification of the attempted state of the offense should consider the principle of the unity of the objective part and subjective one. On the one hand, we should consider the subjective intent of the criminal; on the other hand, we should consider the objective behavior of the criminal. This paper argues that the scope of the attempted state of the aggravated offense by amount is not limited to the offense that the criminal indenting to seize the property, which valuates a large amount of money. And the penalty of the attempted state of the offense should consider the reference of the punishment is on the same lever of the completed state of the offense.

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