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Cognition Errors of Facts in Criminal Law

Author: TangYongQiang
Tutor: WangMin
School: Southwest University of Political Science
Course: Criminal Law
Keywords: A fact recognized error Authorized to meet the said Culpability analysis
CLC: D914
Type: Master's thesis
Year: 2009
Downloads: 502
Quote: 1
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Abstract


The fact that the criminal law recognize the error, is a very important basic theory of the criminal law, judicial practice frequent and more delicate issue. In theory, the fact that understanding the error directly into the foundations of criminal law theory the subjective surface with the objective surface corresponding, often with the intent, fault and liability issues are intertwined. Speaking from the judicial practice, the fact that understanding the wrong question related to whether the perpetrator was established intentional crime, or the establishment of such intent with which he kinds of intentional crime, as well as the establishment of the crime consummated and attempted. Recognize the error in view of the fact that confusion in the theoretical importance and practice, this article from domestic and foreign scholars' opinions are based on the use of logical reasoning and comparative analysis of the facts to recognize the wrong issues related to specific object error, error against error and causation guilt determined to do a detailed analysis. The text is divided into three parts, about 30,000 words. Part I: Facts To Know an overview of the error. In this section, the article first discusses the understanding of the facts wrong definition of that fact recognize the error and an error of fact are synonymous, refers to the process of intentional crime, the perpetrator of the crime constitutes a fact (ie crime constitutes an objective fact) subjective understanding is inconsistent with the objective facts. It aims to solve the behavior can be set up on the its envisioned inconsistent fact criminal intent. Criminal negligence, although there are also raising an error, but the Penal Code General this error clearly defined, and in theory also has its own independent and complete system, and thus should not be included in the fact that recognize the error in the study. In order to deepen the understanding of the facts, understanding, the article then cited the fact that the understanding of error of several common classification advocated understanding of the facts and the fact belong to the same constituent elements as the standard error, the fact that understanding into the same constituent elements of fact recognize errors and between the different constituent elements of fact recognize the fact that understanding the errors, the same constituent elements errors include the objects error, against errors and causation error; the fact understanding between the different constituent elements errors include object errors and combat error. Part II: the facts know that the doctrine of the error guilt. In this section, the article first introduced the doctrine of the civil law criminal law scholars, how to identify the facts wrong understanding of the fact that within the same constituent elements recognize errors and between the different constituent elements of guilt,, specifically tailored said the statutory compliance say The statutory in line with that in line with the abstract debate between said. Then, the article introduces the Chinese scholars recognize the error guilt finds unique theory about the fact that: subjective and objective unity and charges in line with that. Finally, the paper analyzes the requirements of subjective and objective unity of charges in line with specifically tailored to meet the said said and abstract defects that statutory comply with a statutory crime standards, in line with the principle of legality and the Criminal Code of everyone before the principle of equality , to overcome the inherent flaws of the other doctrine, and thus the article in favor to statutory comply with that analysis to deal with the fact that the knowledge of error. Part III: specific facts to recognize the guilt of the error analysis. In this section, the article with the statutory insights to meet the said specific object error, error guilt against errors and causation are discussed in detail. Example, clear facts in a variety of different situations recognize the error, the fact that recognize the error negates the intent, and on top of this behavior constitutes a crime, to constitute what crime and specific patterns of crime.

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CLC: > Political, legal > Legal > UNIVERSITY > Criminal law
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