论结果加重犯未遂的认定.pdfVIP

Abstract The offense with the aggravated consequence is discussed in foreign countries and China as a special form of crime. All these studies touch upon its attempt, however simple and partly, and cannot guide the judicature practice effectively. But it also reveals the necessity of systematical and overall study on the attempted form of the aggravated consequence offense. Many theorists have studied the attempted form of the aggravated consequence offense, but different viewpoints exist. According to the original idea of the legislation, the concept of the offense with the aggravated consequence could be described as following: the conductor carries out the action belonging to the constituting elements deliberately and leads to the aggravated consequence deliberately or unpremeditatedly, as a result, the criminal law formulates the aggravated legal penalty. And the concept of the attempted form of the aggravated consequence offense could be described as this: completed deliberate fundamental crime with uncompleted deliberate aggravated consequence because of the unexpected cause and uncompleted deliberate fundamental crime with completed aggravated consequence because of the unexpected cause. Then the passage introduces the theory of the attempted form of the aggravated consequence offense. There are definite saying and negative saying about the existing of the attempted form of the aggravated consequence offense and different saying within them. The passage analyses the two sayings and puts forward the evidences to support the definite one: firstly, the passage implements proofs posing the clause on the of