Researches On The Crime Needed Further Intention

The crime needed further intention is a relatively independent crime category which gets its status in criminal law for its outstanding subjective feature, that is to say, it has special subjective intention. According to common pattern which given crime type is studied, the dissertation discusses the general theoretical issues of the crime needed further intention, typical case of the crime needed further intention in the specific provisions of the current criminal law of China and consummation of the crime needed further intention. Apart from the introduction part, the whole dissertation consists of four parts, about 140000 words.The introduction part triggers discuss of some overall issues of crime needed further intention, such as theoretical and practical value of crime needed further intention, the shortages of present study on crime needed further intention and so on, in which the author thinks that no matter in the field of academic study, or in the field of related criminal law legislation and criminal law practice, when we set out to solve the specific problem of the crime needed further intention, we should consider typical traits of it as possible as we can.The first and the second chapter of the whole dissertation are about the general theoretical study of the crime needed further intention. The first chapter mainly deals with the theoretical development of the crime needed further intention, the essence of the further intention of the crime needed further intention, the analyses of its subjective and objective structure, the relationship between the intention and the deliberateness of the crime needed further intention, the existence scope of the crime needed further intention, the conception of the crime needed further intention, differences between crime needed further intention and some other relative conceptions, theoretical foundations and theoretical classifications of the crime needed further intention and so on. Firstly, the dissertation introduces the theoretical development of the crime needed further intention, that is, the theoreticaldevelopment of the crime needed further intention has the same development course as criminal constitution theory and subjective illegal factor. Through the theoretical development of the crime needed further intention, we can find that the further intention of crime needed further intention has its significant meaning in the classification of criminal action of the crime needed further intention, the further intention is the subjective illegal factor as well as criminal responsibility factor. The subjective and objective structure of crime needed further intention has its special character, the subjective structure of crime needed further intention surpasses the scope of the objective structure of crime needed further intention. Therefore, the subjective and objective structure of crime needed further intention is different from other deliberate crime because its subjective and objective structure is not symmetrical, and this special subjective and objective structure determines the quality of the further intention, the relation between the further intention of the crime needed further intention and the purpose of it. As regards the issue of the essence of the further intention of the crime needed further intention, the author thinks that the further intention of the crime needed further intention is the criminal motive, which the criminal law stipulates definitely and classificatory, and the intention of crime needed further intention is the willpower factor, but not the intention of crime. As the intention of the crime needed further intention is not the criminal motive, the viewpoint is worthy of being discussed, which traditional criminal law theory thinks that the crime needed further intention only exists in directly deliberate crime. The crime needed further intention also exists in indirectly deliberate crime, no matter in the field of academic study or in that of criminal law practice. Begin with the essence of intention of the crime needed further intention, we can define that the crime needed further intention is a sort of crime which must has the criminal motive stipulated definitely and classificatorily by the criminal law as its subjective factor. Absichlsdelikte, together with Ausdrucksdelikte and Tendenzdelikte, was initially put forward as a dependent crime type by Mezger, so these three have intimate connection, that is to say, special subjective factor influence their illegal nature of the act in common, but these three also have differences to each other, as for Ausdrucksdelikte,the result which subjective factor is compared with objective factor determines the illegal nature of the act, while in the case of Tendenzdelikte and Absichlsdelikte, the intention of Absichlsdelikte and the inclination of Tendenzdelikte directly determines the illegal nature of the act, thus, Absichlsdelikte is part of generalized Tendenzdelikte. Generally speaking, the theoretical basis of The crime needed further intention lies in that the stipulation of the crime needed further intention in criminal law functions in the way of special designation of criminal category, besides, the existence of the crime needed further intention also reflects the certain requirements of criminal policy. According to different standard, we can classify the crime needed further intention in different types, the major classification is kupierte erfolgsdelikte and nuvollkomme zweiaktigen delikte, legal crimes needed further intentions and illegal crimes needed further intentions.The second chapter analyses some special issues of deliberate crime form of the crime needed further intention. As for the ceasing form of deliberate crime form of the crime needed further intention, the prepared crime of The crime needed further intention has its speciality, that is to say, from the analyses of the special subjective and objective structure of the crime needed further intention, the prepared crime of the crime needed further intention not only includes the prepared act to commit the crime, but also includes the prepared act to realize the intention of the crime needed further intention. Because the complexity to testify the subjective factor, it is hard to testify the prepared crime form of the crime needed further intention, and we must strictly comply with the principle of subjective factor integrated with objective factor, abiding by the principle of "beneficial to the defendant" and "selectable decision" to decide the prepared crime form of the crime needed further intention. Because the essence of intention of the crime needed further intention is criminal motive, no matter what criterion is adopted to decide the accomplish crime, the satisfying of the further intention of the crime needed further intention can not be considered as criterion to judge the accomplish crime form of the crime needed further intention. In the current criminal law of China, the in tensest controversy issue is either the accomplish crime or the attempted crime form of kidnapped crimes, the author thinks kidnapped crimesin the current criminal law of China is the typical nuvoUkomme zweiaktigen delikte, but this stipulation needs perfecting. The speciality of crime number form of the crime needed further intention lies in that the crime number relationship between the act to realize the further intention of the nuvoUkomme zweiaktigen delikte and the crime needed further intention itself, the author thinks that under the circumstances which criminal law stipulate definitely the crime type of the act to realize the intention, this legislative stipulation is the integrated crime type which criminal law stipulates beforehand, according to the common theory of judging criterion of the integrated crime—compromise theory, in this circumstances, conviction and penalty should be done in accordance with the common principle—"according to a more serious principle " with exception. The speciality of the accomplice form of mainly deals with the lies in the joint crime issue which has been done by someone who has special intention together with someone who has no special intention, in these circumstances, the dissertation thinks that we should analyze specific issue in particular. At the same time, the judgment of the joint crime is also comparatively special, as someone who has special intention utilizes someone who has no special intention to commit the crime of The crime needed further intention, usually, someone who has special intention should be penalized as indirect criminal.The third chapter mainly discusses some issues of "with the intention of illegal possession" and "with the intention of exercise" from two major The crime needed further intention. The crime needed further intention with the intention of illegal possession mainly exists in property crime, it also exists in some economy crime. Major theory controversies about "with the intention of illegal possession" mainly exists in some issues as the meaning of "with the intention of illegal possession", the existence scope of "with the intention of illegal possession", the time when special intention "with the intention of illegal possession" emerges may influence on crime foundation, etc. In criminal law theory of China there are three opinions about the meaning of "with the intention of illegal possession", i.e. "with the meaning of eliminating the owner's theory", "with the meaning of utilizing and handling" and "compromising theory", the dissertation agrees with "compromising theory". Incriminal law theory, as to the subjective aspect of property crime and financial crime, there are two opposite opinions about whether it must have " the intention of illegal possession" or not, the dissertation holds the affirmation opinion. We should adhere to the principle of responsiblism as to the time when special intention "with the intention of illegal possession" emerges may influence on crime foundation. The crime needed further intention "with the intention of exercise" mainly focuses on crimes violating the society common credit, such as forging currency crime, forging financial bill crime, forging document and seal crime. In criminal law theory of China there are controversies about whether it must have " the intention of exercise" or not in these three types of crime, the dissertation thinks that the objects that these three types of crime violate all include common credit, so in subjective aspect there must be "with the intention of exercise", in the meantime, considering that in forging financial bill crime, there must be "the intention of exercise" as its indispensable special intention has significant meaning in perfecting relevant financial bill crime of China. But in these three types of crime above, the meaning of each phrase "with the intention of exercise" is different, " the intention of exercise" in forging currency crime must be considered as circulating the forging currency as true currency, " the intention of exercise" in forging financial bill crime must be considered as using the forging financial bill as true one, while " the intention of exercise" in forging document and seal crime must be considered as using the forging document and seal as true one and actually damaging the common credit of document and seal.The fourth chapter mainly discusses how to perfect theory and practice of the crime needed further intention in China. Perfecting criminal legislation of the crime needed further intention finally focuses on whether regulating special intention as indispensable factor of certain crime or not. As penalty is a severe punishment, people's property, freedom, even life is determined by the scope in which criminal law stipulates special crime, especially legislation of The crime needed further intention considering special subjective factor as indispensable aspect, because it involves the similarly sensitive people's subjective aspect, which makes this issue more complicated. The dissertation holds that there are following five pairs ofcontradictions in criminal legislation and justice practice of the crime needed further intention: contradictions of sujectivelism and objectivelism, contradictions of action valueless and ending valueless, contradictions of protection function and guarantee function of criminal law; contradictions of criminal legislation and justice practice; contradictions of the requirements of criminal policy with criminal legislation and justice. To improve the crime needed further intention of criminal law of China, we must seek the balance among these contradictions above. Intention of The crime needed further intention belongs to subjective aspect, so it is difficult to testify the intention of the crime needed further intention in criminal lawsuit, which is mainly reflected in financial defrauding crime in testifying whether there is "the intention of illegal possession" or not, the dissertation believes that we may not introduce the criminal inference system in western countries, we should testify it by proofs, moreover, we may remedy the shortcoming in testifying "the intention of illegal possession" by deliberately adding the legislation mode of abstract dangerous criminal in criminal legislation field. And the dissertation also discusses about legislation perfecting in financial crimes and other crimes.