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Probe into the purpose of committing

Author: GaoHuiFang
Tutor: XuGuiMin
School: Zhengzhou University
Course: Criminal Law
Keywords: The purpose of committing Statutory purpose of committing Criminal purposes
CLC: D924.1
Type: Master's thesis
Year: 2009
Downloads: 36
Quote: 0
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Abstract


Is the purpose of committing a civil law concept in criminal law theory, the early 20th century by a German scholar was first proposed, and then civil law scholars have carried out extensive and in-depth research. China's criminal law scholars to carry out research for the purpose of committing late, but at a low level, for the purpose of committing theoretical confusion still exist many problems that affect the judicial practice for the purpose of committing the identification. Therefore, the purpose of committing the author selected as the research object, the purpose of committing some theories related issues were discussed and put forward some of their insights. The body consists of three parts. The first part, the purpose of committing the basic theory. The author of this part of the purpose of committing the concept, purpose nature, classification and other basic theoretical issues discussed. First, the author introduces the theory of the purpose of committing civil history. In civil law countries, put forward the concept of the purpose of committing the crime Elements of the theory of evolution are inextricably linked. With the concept of the purpose of committing a crime constitutes a subjective element in establishing position was able to raise. Early in the civil law theory of criminal law, the constituent elements are considered merely an objective, value-neutral type of behavior does not contain normative and subjective factors. At this point, the purpose of committing concept put forward does not have adequate theoretical basis. With Elements of the theory of continuous improvement, people gradually realize Elements also includes specification elements and subjective element, the purpose of committing the concept to be brought. Subsequently, the author describes the purpose of committing the theory of continental Research. Chinese scholars in 1989 first proposed the concept of the purpose of committing, but for the purpose of committing a range of issues discussed widely enough, the content is not enough depth. The author believes that the concept should be the purpose of committing a \About the nature of the purpose of the purpose of committing, scholars and motivation exist between teleological theory of the dispute. I believe that is the essence of the purpose of the purpose of committing criminal purposes. And that the purpose of the purpose of committing criminal intent is independent of specific criminal intent beyond. Depending on the purpose of committing a standard classification will help us deepen our understanding of the purpose of committing. Therefore, this article the author also conducted on the classification of the purpose of committing a brief introduction. The second part, the purpose of committing a crime patterns. Introduces the purpose of committing a stop morphology (including: the purpose of committing a preliminary form, suspended form, attempted and accomplished form), the purpose of committing a crime number and the purpose of committing an accomplice morphological forms. This part of the purpose of committing judicial determination there are many difficulties, the author describes and illustrates through theoretical methods such difficult problems related to giving answers. For example, for the purpose of committing Accomplished, attempted the problem, I believe that as long as the perpetrators from the constituent elements of criminal acts implementing provisions, whether or not to achieve a specific purpose, have been consummated. The purpose of committing the purpose of implementation is not considered accomplished the purpose of committing a standard. The third part of the purpose of committing criminal law legislation reflection. China's criminal law provisions concerning the purpose of committing dozens of provisions, but look at all legislative requirements, can be found for the purpose of committing the provisions of both legislative technique or legislative content there are many deficiencies that need to be reflection and improvement. The author presents the legislative purpose of committing Criminal Law shortcomings and put forward relevant legislative proposals.

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