On The Proof Of Feelings Of Fault Of Straightforwardness Crime

From speaking the role of psychological factors associated, the social significance of human behavior can be divided into two categories. The rational behavior is under the instructing of rationality and the other is straightforwardness behavior guide by her temper. Once we put feelings of fault into theory of fault, we should be easily able to find that there are recognition feelings and will. And there are competing effects among each other. The rational behavior and straightforwardness behavior can commit a crime. Straightforwardness crime is a kind of crime the role of feelings of fault ascendances over the role of will.Because of the explanation object of traditional fault theory was rational crime and criminal procedure resolved rational crime, the traditional theory of Criminal Responsibility and criminal procedure designed for rational crime. Therefore, the theory of Criminal Responsibility explanation of rational crime and the judicial system ascertainment criminal responsibility is not suitable for the straightforwardness behavior need explanation of justification of criminal responsibility and ascertainment criminal responsibility.Can be seen from the concept of straightforwardness crime, it is a whole of new issue not only for criminal law but also criminal procedure. In the process of investigating criminal responsibility of straightforwardness crime, the evidence used to prove the existence of fault feelings and its strong level is classified as affective evidence.Proof in proceedings means that judicial officer or judicial participants uses of evidence to clearly indicates the facts of the case. So far as the ways of judicial identification be concerned, human society had experienced two significant transformations. The first time is transformation from the ways of proof method predominated by testimony of god to the ways of proof method predominated by testimony of witness. The second time is transformation from the ways of proof method predominated by testimony of witness to the ways of proof method predominated by material evidence. At the same time, the ways of proof method can be divided into three periods. First stage is predominated by testimony of god, second stage is predominated by testimony of witness, and third stage is predominated by material evidence. The transformation from the ways of proof method predominated by material evidence to the ways of proof method indispensable for mental proof is a new trend. And the stage of proof method indispensable for mental proof is becoming obviously new characteristic of the stage of judicial identification.In order to effectively investigate and obtain evidence to straightforwardness crime, we should increase the research work of investigation and evidence collection of human subjective mental world. The author specifically discusses several investigations and collection of psychological evidence. The method includes inquiring, lie detection, EEG Technology, psychological traces, criminal profiling, and so on. The particularity of proof about feelings of fault of straightforwardness crime proposes new requirements. The particularity, reconstruction and measurement of feelings of fault requirements for equipment test for fault. The particularity of proof about feelings of fault of straightforwardness crime also requires the application of free heart-certificate principle in reviewing evidence. The judgment of ordinary citizens to feelings of fault is not than the judgment of specialist to special affairs. We should make a law to allow use of proof about feelings of fault of straightforwardness crime in judicial practice with reference to Anglo-American law about ordinary witness' opinions. Character evidence can guarantees reliability of proof about feelings of fault of straightforwardness crime. All proof about feelings of fault of straightforwardness crime is should supported by character evidence in criminal procedure.The significations of proof of feelings of fault lie in conform to straightforwardness crime. No proof of feelings of fault, no existence of feelings of fault. No existence of feelings of fault, no formation of straightforwardness crime. With criminal procedure of investigating criminal responsibility, use of evidences about feelings of fault of straightforwardness crime is indispensable for conviction and sentencing straightforwardness crime. Rational crime and straightforwardness crime have many characters in operation of judicial practice. Thus, crime should been divided and lawsuit should suitable for each crime.