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Intentional crime subjective construct and expand the

Author: GuiYaSheng
Tutor: LiuXianQuan
School: East China University of Politics and Law
Course: International law
Keywords: Intentional crime of Criminal Negligence Knowingly hope that laissez-faire Purpose
CLC: D924.11
Type: PhD thesis
Year: 2006
Downloads: 930
Quote: 3
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Abstract


Intentional crime is the general form of the crime, in our China Criminal Code, an intentional crime refers to an act committed by a person who clearly knows that his act will entail harmful consequences to society but who wishes or allows such consequences to occur, thus constituting a crime. An intentional crime suffers more severely criminal responsibility than a negligent crime because of its subjective aspect.In an intentional crime, its subjective aspect not only include the most fundamental element, that is to say ,criminal intention , but also include other clement such as criminal purpose, criminal motive and so on. This thesis is to study this subjective aspect in an intentional crime.The thesis is divided into 4 chapters. Chapter One "the common introduction of the criminal intention ". Chapter Two" clearly know, the cognitive factor in the criminal intention ". Chapter Three " wish and allow the volitional factor in the criminal intention ". Chapter Four "’purpose in purposive crime, the special factor in the criminal intention ". The full text is about 210,000 words.Chapter One: the common introduction of the criminal intention. This chapter is to study the criminal intention in a general way. It introduces the history of the criminal intention, analysis the status of criminal intention in the system of the criminal constitution, and also classifies the criminal intention by criminal theory. Chapter Two: Clearly know, the cognitive factor in the criminal intention. This chapter is to study " clearly know "in the criminal intention. Clearly Know is a cognitive factor in criminal subjective aspect which occupies an important place in the system of the criminal constitution. There is no criminal intention where is no Clearly Know. In a criminal intention, Clearly Know not only means he clearly know his behavior, result and causation between them, but also means he clearly know his behavior is lawbreaking. If the doer lacks Clearly Know, it belongs to ignorance or mistake which prevent the criminal intention from establishing. So in this chapter, the author explore the problem of ignorance or mistake. In Anglo-American law system countries, there exist strict liability, which is able to establish a crime even if there isno Clearly Know. But in our Chinese criminal law, there is no strict liability. In participation, the complicities must have mutual cognitive thctor though the factor differs from that in single person crime. In end of the chapter, author discuss how to prove Clearly Know, and believe that to prove Clearly Know need to make use of judicial presumption. Chapter Three: Wish and Allow the volitional factor in the criminal intention. This chapter is to study Wish and Allow in criminal intention. Wish is the volitional factor in direct intention, while Allow in indirect intention. To understand criminal intention, one must accurately interpreter the meaning of Wish and Allow. Especially to indirect intention, the volitional factor is the key to determine its limit, which canalso draw the line between criminal intention and criminal negligence. The author thinks the mental attitude of Allow imply "not hope but accept". In the end of this chapter, the author also introduces and evaluates some new theories of criminal faults, such as the theory of compound fault, the theory of objective exceeding factors and SO on.Chapter Four : purpose in purposive crime, the special factor in the criminal intention. This chapter is to study criminal purpose in purposive crime. In the beginning of the chapter, the author analyze the criminal purpose and criminal motive in criminal theory, introduce the history development of theory about purposive crime, and then reach into the problem of this special purpose’s location, scope and nature. The author puts great emphasis on analyzing the criminal forms of the purposive crime. Finally, the thesis take "the purpose of illegal possession "for example, to explain some relative theoretical problems about the purpose in thc purposive crime.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions > Crime
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