On The Elements Of Indirect Intentional Desire

Indirect intention, in the psychological sense is a special psychological process of the psychology of human behavior. In the sense of criminal law, indirect intention is the reflection of the perpetrator's subjective sin. In the initial criminal law theory, originally intention was limited to the literal meaning of the old Chinese saying:"willful performance", as the development of the theory of criminal law, the description of criminal psychological process is becoming more and more detailed, which appeared the division of direct intention and indirect intention. In the theory of the criminal law in China, indirect intention is referred to the bottom line of the establishment of intentional crime, therefore, theoretical issues of indirect intention is a matter of fact, what an intentional crime problem within the limits established. Criminal law theory in Civil law system used to describe the psychological process of indirect intention by the elements of intentional desire, to define to what extent intentional crime established. In the theory of continental criminal law, issues of indirect intention are almost related to the elements of intentional desire. I deliberately selected the elements of indirect intentional desire as the thesis topic, on the one hand, the highly controversial theory is full of the fun of speculation, which has attracted me to make hard thinking; the other hand, as a special psychological process of the psychology of human behavior, it is Inevitably related to modern psychology closely. Although I do not have the professional basis of psychology, I am always interested in the psychological theory and research.This article is divided into three parts, and in turn divided into three chapters:The first part is about the controversy of the status of elements of desire, which is in fact the controversy of the basic theory of indirect intention, including the arguments of the necessity of the elements of desire in the indirect intention between the two schools of the objective and subjective elements. This chapter, on the basis of arguments of the two schools ,I put forward there is no purely objective or subjective, and expressed my own opinion of the status of elements of desire in the indirect intention.The second part is about the scientific content of the elements of desire, what is included in the elements of the indirect intentional desire. This problem is closely related to the construction of the indirect intention , inevitably will involve the complex psychological process of the psychology of human behavior. therefore, in this section I introduce some of the theories of psychology to analyze knowledge, feelings and desire in the psychology process of indirect intention. And I come to the conclusion that indirect intention is a special psychological process, only included the elements of knowledge and feeling, while the elements of desire of indirect intention included the element of feeling only.The third part is about the boundaries between the indirect intention and negligence with understanding. On the standard of the necessity of the elements of desire, it is in fact the identification of elements of desire. I first analyzes the nature of negligence with understanding ,then I interpret various theories for the boundaries between the indirect intention and negligence with understanding. On the basis of the analysis and the interpretation above, I presented the view of distinguishing between the two views by objective elements of intentional desire and presented a recognized open standard, in order to use specific methods to solve specific problems.However, limited to my ability, there are certainly many immature and weaknesses in the article, the only hope in this article is to serve and lead the later to obtain the real achievement.