The Study Of Questions About Criminal Intention

Intention as the human beings' specific psychological phenomenon has different manifestations.We can divide it into intention of general meaning and Intention in criminal law, their implication and extention is different. The former is the carrier of the latter ,while the latter pays more attentions to the factors of norm and value evaluations. It is the unity of psychological fact, norm evaluation and value evaluation based on the premise of the criminal responsibility capacity.As to judge the intention in criminal law, we may make further analyses, i.e. objective intention, self- evaluation intention and judicial intention. The intention in penal code is the most serious and typical form which is the subjective evidence of investigating into the criminal responsibility and the core item to establish the intentional crime. Studying intention has most significance whether in the development of criminal law theory or determining guilt and weighing the penalty of the intentional crime rightly.Therefore, intention has been the subject that has always been concerned and studied by the criminal law scholars home and abroad. They have deeply studied and elaborated in the criminal law textbook, criminal law theory and in the special works or articles about criminal theory ,the criminal responsibility, composition of crime ,intention ,the congnition of violation of the law ,mistake etc.As a kind form of culpability, intention in criminal law has a long history, which has become a customary practice in Yu-Shun Age. There is concept of intention and negligence in the ancient Greece law. The concept of intention in modern western countries originated in the late Rome period.The concept of criminal intention came from the criminal theory of the former Soviet Union.Today, the intention of criminal law in all countries emphasize the factors of norm evaluations in its implication than before. Adapted to the social life and to the necessity of the ruling class, it keeps relatively stable and at the same time it is changing and developing all the time. As the intention in criminal law involves too many aspects, and predecessors' thorough studies may serve an example. This thesis only deals with the disputable issues of the intention in our criminal law academic circles superficially. First, main factors concerning intention. From psychological point of view, intention is composed of two parts: cognitive factors and will factors. Their unity constitutes the criminal intention. In the cognitive factors, all scholars in criminal laws academic circles home and abroad admit that cognition should include the behaviour's cognition to the fact of the crime, among which include the behaviour character, the behaviour's object, result and the cause-effect relationship between result and behaviour, and other legal facts such as time, location, and means etc.Whether the behaviour's cognition to the violation of the law is necessity of intention has been the disputable topic among the Chinese and foreign scholars. Affected by foreign criminal law theory, criminal laws academic circles in our country has also formed views about needless, possibility , necessity similar to those of foreign countries. Criminal law theory in our country maintains cognition of social harmfulness which has been criticized and doubted by some scholars after the modification of our criminal law. However, up to now, we have not found a perfect theory about this issue. This thesis explains and makes comments upon these disputes one by one. From the perspective of the pluralistic laws and the situations in our country, this thesis refutes the present prevailing cognition of the violation of the law and points out that judging whether a behaviour has criminal intention or not depends on one of the two factors: the cognition of social harmfulness and the cognition of violation of the law. Concerning intentional will factors, our general criminal law theory holds that they can be divided into hope will and reckless will. Recently, Chinese scholars pu...