Through a comparison of the perilous nature between the criminal theories of continental law genealogy and those of our country, we can argue that the dangerous state of perilous crime per se is one of the results required by the consequential offense, and that perilous crime belongs to the category of consequential offense.
On the basis of analysing the argument whether the crime of insurance fraud is moveble offence, behavioral offence or consequential offence, author makes a conclusion that the crime of insurance fraud is consequential offence.
The consequential offence is a relatively controversial concept in our criminal theory, because consequential offence exists only in the direct intentional offence, not in the criminal negligence and the indirect intentional offence.
Harmful consequence is not a requisite element to conviction. So it is only a choice element of constitution of crime. One important function of harmful consequence is to distinguish conduct crime and result crime.
The article 338 of criminal law stipulates that it is a result crime,regarding the legal serious consequence in behavior as the necessity constitution,which is unfavorable to attacking all criminal offences of polluting the environment.
On the contrary, the classification of harm crime and danger crime, result crime and act crime is a guiding test to specify the standard of complete crime and thek classifying tests are different and they are neither corresponding nor equaling sets of concepts but a kind of intersecting concepts.