The Study On Common Criminal Intent

As a common criminal purpose of a particular criminal intent form, it is not a simple combination of a single criminal intent, which itself has the general property criminal intend, there is also its uniqueness, from the point of view that it constitutes the awareness and the double dual will. For the co-perpetrators, the understanding of the contents of the two, the first is the understanding of the facts constituting elements. Second is the degree of understanding of the facts. Will in the crime, including both hope and the will of laissez-faire attitude. Hope is the results of criminal pursuit in the positive attitude will, the will of the so-called laissez-faire attitude is the result of circumstances of a crime based on a clear understanding, and hope that the results can happen, but it does not achieve the degree of active pursuit of a species will attitude. Laissez-faire attitude will have incidental, the laissez-faire is accompanied by the pursuit of a positive presence. For example: the pursuit of laissez-faire of a non-criminal act of criminal behavior; pursuit of laissez-faire of a criminal act of another crime; the pursuit of crime, fruit, and leaving the pursuit of their behavior or criminal behavior, and laissez-faire outcome of the crime occurred.Deliberate contact means in the common play an important role in, it is interesting that made the original contact of the existence of a separate criminal agreement to form criminal intent. In discussing the past, meaning contact theory, the means to contact only as subjective aspects, ignoring the meaning of contact is also an objective preliminary. Objectivity embodied in the "contact" term, the recognition of this problem will help to understand the nature of acts of conspiracy but not implemented. The implementation of the law which had limited application, understanding errors, inheritance and other issues with the common purpose accomplice theory is closely related to the discussion of these issues contribute to a better interpretation of the common purpose theory. Judicial interpretations of "knowingly ... as an accomplice of" requirement has intensified the trend of the theoretical basis of its existence as a "one-sided accomplice." But the "one-sided accomplice" theory is difficult to convince some people, because "one-sided accomplice" with the common theory is contrary to the intent, "one-sided accomplice" is merely a fiction of an accomplice, but not legally intended judicial interpretation the function of the system Moreover, judicial interpretation of certain provisions of the theory of accomplice broke through the one-sided, making the judicial interpretation of the chaotic situation there.Since the issues involved in the joint intention are numerous, this thesis only investigates and analyzes the special problems theoretically. Some thoughts still need examinations in practice. The author hopes to commit himself to the theoretical research of penology in China through his efforts.