On The Concept Of Compound Fault

According to the traditional theory on criminal fault in China, there are four concrete criminal faults, namely direct intention, indirect intention, recklessness and negligence, and every kind of criminal acts has one and only one corresponding mental fault, moreover it's impossible for one kind of criminal act to have two kinds of faults.However, the theory gets into dilemma when it tries to explain some kinds of criminal acts found in the amended criminal law which became effective in 1997, for these criminal acts have two kinds of mental faults, including both indirect intention and recklessness. In order to pull the traditional Fault Theory out of the swamp, the dissertation puts forward the concept of Compound Fault.The meaning of the Compound Fault can be stated in a phrase"one criminal act, two criminal faults". In the author's opinion, there are two causes for the birth of this concept, one is that the differentiation between the indirect intention and recklessness is almost impossible both in theory and in administration of justice, which in fact, has been studied for hundreds of years without unquestioning conclusion and therefore was considered by Germany criminal law experts as one of the most difficult questions in criminal theory. The other is that the difference of maliciousness showed by indirect intention and recklessness in the statutory crimes is so little that it can be omitted, while the number of the statutory crimes is becoming bigger and bigger accompanying with the boost and development of the market-directed economy in current China.The dissertation is divided into four major parts. In its first part, the dissertation presents the overview of the laws'provisions and relative thoughts on criminal fault both in China anciency and in some western countries, then points out that the concept of Compound Fault is not Utopian illusion, but has its sufficient theoretical resources.The second part is the core of the whole dissertation. In this part, the author mainly discusses the definition, characteristics and theoretical importance of the Compound Fault, as well as its difference from some other relevant concepts. In the third part, the author analyses the cognitive foundation of the concept of Compound Fault, namely Fuzziology in the pure science, which indicates that it's normal that the boundary between the indirect intention and the recklessness is blurred and ambiguous.In the last but not the lest important part, the dissertation deals with some questions arising from the establishment of the concept of Compound Fault, for...