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On The Structure Of Indirect Intent

Posted on:2003-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:H W ZhangFull Text:PDF
GTID:2156360062990009Subject:Criminal Law
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There is little special study on indirect intent in traditional criminal jurisprudence. And the questions in reality concerning indirect intent have become a difficult point which is hard to break through, thereby, result in theory divorced from practice. Thus, the writer in this paper probes into the structure of indirect intent, analyses the essential factors of indirect intent from the angle of jurisprudence, intending to clarify the complete connotation of legal conception of indirect intent. The paper also discusses the difference between indirect intent and direct intent, the difference between indirect intent and negligence with undue assumption, which is bound to be beneficial to the solution of interrelated problems in judicial practice. The paper is markedly divided into four parts, approximately forty thousand words.Part One: Introduction. In this part, the author expounds the criminal intent (including indirect intent) in criminal legislation and jurisprudence internally and externally. Then, put forward the thesis of this paper.Part Two: Cognitive element of indirect intent. On the basis of our crimi-?nal legislation and jurisprudence, the writer in this part divides cognitive elements of indirect intent into two different parts: factual cognition and illegal cognition. As far as factual cognition is concerned, based on the analysis of "consequence core viewpoint" and "conduct core viewpoint" in traditional criminal jurisprudence, the author points out that all the indirect intent crimesare consequential offense, therefore, "harmful consequence of endangering so-ciety" in the conception of indirect intent is different from that in the conception of direct intent. It only refers to the consequences of constitutive requirements. The cognitive objects of indirect intent refer to all of the objective aspect of crime and the special identity of subject of crime. As far as illegal cognition is concerned, taking the issue of "the cognitive object of crime intent is illegal cognition, but not social harmful cognition" as moment, through the discussion on three issues: the definition of subject of cognition and subject of evaluation, explanation of law, criminal object and illegal cognition, thus, the author obtains the respective merits and defects of social harmful cognition and illegal cognition . Aim high or you will fall below the average , we should regard illegal cognition as the cognitive element of indirect intent.Part Three: The volitive element of indirect intent. In the first place, the writer elaborates on indifference. Second, based on the issue of "knowing the harmful consequence is bound to appear, and keeping indifferent to it ", makes a new definition to the connotation of volitive element of indirect intent: if the state of mind is knowing the harmful consequence is bound to appear, and still deciding to conduct, it is called "indifference". As compared with indirect intent in general idea, indirect intent in the writer' s mind is different from it regardless of cognitive element and volitive element. In this part, the author also advances theoretical criterion on how to distinguish indirect intent from directintent and negligence with undue assumption, which is helpful to judicial practice.Part Four; Conclusion. In this part, the author summarizes the thesis and comes to the conclusion.
Keywords/Search Tags:indirect intent, factual cognition, illegal cognition, indifference
PDF Full Text Request
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