The Error Of Criminal Law And Common Crime

The error of the Criminal Code includes errors of fact and mistakes of law. This constitutes a crime of criminal law theory is the subjective element of the content. Key research topics of various error conditions on the behavior of people with subjective intent, negligence of the impact of identified. The theory of common crime, criminal law crime of belonging to the three major types of crime (intentional form of crime to stop, an accomplice form, quantity of crime), The main research content is different in the common intentional criminal division, between the behavior of the different roles of how the issue of criminal responsibility. These two issues inherent in this is not necessarily linked, but in practice may indeed combine the two issues we will face this situation, that the crime occurred on the mistakes of criminal law. I looked at my country for this special issue of the existing research results, found that the actual number can not say no, but relatively few and not very much of the system. This will be based on solving the problem of judicial practice, try to build a system, complete theory of the common mistakes.In addition to the introduction of foreign paper is divided into three chapters:The first chapter of the basic concepts and methods outlined, the main contents, including on "errors of criminal law" the concept of connotation and extension of the definition, this paper's research focus and study method and be aware of when the subject of some issues that the three a small part. Some domestic research results both to study the topic in general will be placed on the research framework of an accomplice, then the study of the basic idea is the common problem of crime in the wrong, the problem of the study is based on the cornerstone of an accomplice; This paper attempts to put the error on the subject of the framework, this paper, the basic idea is wrong on the issue of complicity in the problem of the study is based on the error of the cornerstone. Problems need attention on a point made that the error is different from the common crime of the biggest mistakes single feature common criminal acts in the person's error may occur affecting each other, but not guilty of a separate existence of this problem, This view is also the author of this writing, a principle upheld.The second chapter is an error of fact and common crime, mainly including the target error and common crime, means of error and common crime, causality error and common crime and the nature of the error and common criminal acts of the four small part of the main contents of this chapter for the article. Mistake of fact beyond dispute is the research focus of criminal wrong, wrong on this paper to study the foundation, then the relationship between factual errors and an accomplice is naturally the focus of this article. The main purpose of this chapter for each error of fact in each case for acts of complicity were subjective intent and negligence identified impacts of the detail.Chapterâ…¢for the mistakes of other issues were the main contents include an error of law and common crime, common crime and the fight against errors and mistakes and the common law crime negates the subject of three small parts. Error of law is generally considered wrong with the fact that the error relative to another form of knowledge, but against error, illegal status negates the wrong reasons in the error theory is still controversial. This chapter mainly analyzes the errors of law, combating illegal Ground for Elimination of errors and error in the error of the position, and their combination with the complicity of the impact of the conviction and sentencing.