Study Of Mens Rea Principle And Exclusions Of Mens Rea Principle

Undoubtedly the mens rea(guilty mind) principle that has been established by modern criminal law is a grandeur contribution to humane civilization and it is a monument of criminal law's history. On the one side,it originated from the esteem of human in didacticism,the acceptances and thoughts for rational people who hold free wills in criminal law. Because for somebody's behavior,we can reproach him with responsibility and law only on the base of normal declaration of will;And we can carry through retribution and choose measure to rectify soul according to subjective evil character of soul,by which it can both meet the needs of community residents' normal emotional catharsis and convey it to everyman while influencing the mind of actor,so that we can carry our point of holding back crime accordingly to restrain nation penalty from launching and to lighten its degree severely. On the other side,the naissance and development of the mens rea principle are the results of the new understanding of poor,the results of human value choose in that special period which still show blooming vitality today and the grandness fruits of the human understanding and using of regime's aim and essence. So it ascertain a standard for criminal legislation and criminal judicature;And it definitude for many system's construction of criminal law a base line of expansion and constriction.Obviously,although the adoption of mens rea principle is a legal system that should be emphasized on after the criminal offenders were observed as puny community,it has a popular and principled character. We ought to notice that the confirmation of status of puny community is a result from comparison. Therefore,compared with criminal offenders,there are throngs of punier people in our society,if we want to turn the special. Previous protection for them into reality,the breakthrough in mens rea principle should be admitted. After all,the mentioned victioms are much punier according to special kind of crime,with individual character. Consequently,the breakthrough in mens rea principle is rare,which corrects some special constitutions of crime based on more or less resistance to spirit of mens rea principle,the integrated mens rea principle system with peculiarity composes of breakthrough and substratum of mens rea principle,the breakthrough becomes an essential part of the whole. Correspondingly,how to balance the legal protection between them has become an important content of exclusion of mens rea principle. Actual prescription of criminal law and code of criminal procedure points us out the way of resolving the problem.