2006Journal of Liaoning Police AcademyRequires access

The Theory of Aggregated Consequential Offense and the Second Criticism of legislation——From the Point of Causing Death of Another by Malicious Injury,Rape and Robbery

WU Hai-chun

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Abstract

The theoretical difficulties of aggregated consequential offense have not been resolved up to now.The national trend of the revocation of death penalty makes the realistic demand that we should strictly restrict the range of aggregated consequential offense from the theory of interpretation.Aggregated consequential offense is only the crime that the malicious violence of the essential offense negligently leads to serious injury or death.Whether the attempted aggregated consequential offense exists or not is basically a problem of legislative theory.Negligence leading to the complicity of aggravated consequence singly composes active aggregated consequential offense,and other complicities compose negative aggregated consequential offense,so the both don't compose the complicity in the past of aggravated consequence.

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The theoretical difficulties of aggregated consequential offense have not been resolved up to now.The national trend of the revocation of death penalty makes the realistic demand that we should strictly restrict the range of aggregated consequential offense from the theory of interpretation.Aggregated consequential offense is only the crime that the malicious violence of the essential offense negligently leads to serious injury or death.Whether the attempted aggregated consequential offense exists or not is basically a problem of legislative theory.Negligence leading to the complicity of aggravated consequence singly composes active aggregated consequential offense,and other complicities compose negative aggregated consequential offense,so the both don't compose the complicity in the past of aggravated consequence.

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Available abstract

The theoretical difficulties of aggregated consequential offense have not been resolved up to now.The national trend of the revocation of death penalty makes the realistic demand that we should strictly restrict the range of aggregated consequential offense from the theory of interpretation.Aggregated consequential offense is only the crime that the malicious violence of the essential offense negligently leads to serious injury or death.Whether the attempted aggregated consequential offense exists or not is basically a problem of legislative theory.Negligence leading to the complicity of aggravated consequence singly composes active aggregated consequential offense,and other complicities compose negative aggregated consequential offense,so the both don't compose the complicity in the past of aggravated consequence.

Key concepts: Complicity, Legislature, Interpretation (philosophy), Legislation, Criminology, Psychology, Law, Law and economics

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