Review on the Concept of Consequential Offense——Comparative Analysis on a Neglected Basic Conception of Criminal
Zhang Kai-jun
Abstract
Zhang Kai-jun
Abstract
Consequential offense in criminology of civil legal system refers to the crime whose act and result are both stipulated.It has nothing to do with the crime suspended state.Legislations on consequential offense show the tendency of Erfolgsunwert;while in Chinese criminology,consequential offense refers to the crime whose symbol of establishment is occurrence of result,which has significance of crime establishment.Some results of consequential offense can be judged easily by the legislation character,while others should be explained on essential crime theory.As a crime style opposite to behavioral offense,consequential offense only has the state of crime establishment or not.It hasn't the state of crime unaccomplished.
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Consequential offense in criminology of civil legal system refers to the crime whose act and result are both stipulated.It has nothing to do with the crime suspended state.Legislations on consequential offense show the tendency of Erfolgsunwert;while in Chinese criminology,consequential offense refers to the crime whose symbol of establishment is occurrence of result,which has significance of crime establishment.Some results of consequential offense can be judged easily by the legislation character,while others should be explained on essential crime theory.As a crime style opposite to behavioral offense,consequential offense only has the state of crime establishment or not.It hasn't the state of crime unaccomplished.
Key concepts: Legislation, Criminology, State (computer science), Symbol (formal), Nothing, Style (visual arts), Criminal law, Law