抽象危险犯和具体危险犯之界分-the demarcation between abstract dangerous crime and concrete dangerous crime.docxVIP

2 2 its application, but it is only a formal distinction, and currently Chinas criminal law can not be completely dependent on the theory of constitutive element. The theory of risk attribute is based on the behavioral attribute and resulting attribute of risk. However, the distinction between the behavioral attribute and resulting attribute is difficult to achieve, which has no practical significance. From the broad sense, abstract potential damage offense and concrete potential damage offense both belong to resulting risk. The theory of risk level contains three different views, but eventually settled on the comparison of risk level, still caught up in the vicious circle can not be compared. The theory of judgment considers abstract potential damage offense and concrete potential damage offense belong to risk of legislative presumption and judicial recognition, it is not only a good solution to the problem that other doctrine can not recognize abstract potential damage, but also in line with judicial practice, which provides basis for the practice. The third part, to implementation of the theory of judgment. First, it defines abstract potential damage offense and concrete potential damage offense on the basis of the theory of judgment. Then it discusses in detail from four representative controversial crimes, which are the crime of dangerous driving, pickpocketing type theft, arson, the crime of abandonment, it considers the drunken driving and chase driving belong to abstract potential damage offense and concrete potential damage offense. Pickpocketing type theft belongs to abstract potential damage offense, but according to the legislative spirit, the obviously minor of circumstances allows but the book a crime by the Criminal Law Article 13, the crime of arson and abandonment belong to concrete potential damage offense. Key words：potential damage offense；abstract potential damage offense；concrete potential damage offense；judgment 1 1 目 录 HYPERLINK \l _bookmark