A Study On The Offence To Intent

Offence to intent is a special kind of conformation of crime. Since the conception of offence to intent is put forward, the scholars in the criminal law circles carried on fruitful discussation, and comes in being the theory of offence to intent.in our country .From the setting up of the PeoplesRepublic of China,the scholars in the criminal law circles carried on fuitful researchers on offence to intent,and have reached some common understandings.But these studies are not enough yet,and offence to intent is still the subject which need probing into so far.In thes paper,the writer mainly carry on deep research on the theories of offence to intent and the leislation in the countries and regions of the civil law system, in the countries of the common law system,russia and china,and has put forward the reconstruction of the offence to intent theory and legislation in our country.Exclude foreword and conclusion,this paper consists of four parts as following: Partâ… , offence to intent summarization.Should divide following three pieces of respect introduction partly:first of all, the writer introduces offence to intent in the countries and regions of the civil law.The writer deeply analysis the theory of offence to intent in germany and japan. And introduces the theory of offence to intent in the countries of common law and the theory of offence to intent of china;Secondly, the writer introduces froreign and China the legislation of offence to intent;Thtrdly,the writer introduces the value of offence to intent,and points out impartiality and utility is two very important value of the aim of the legislation of offence to intent,and utility should be contrianed by impartiality.Partâ…¡,conception,types and the nature purpose of offence to intent.Should divide following three pieces of respect introduction partly:first of all, the writer introduces offence to intent conception,and deeply analyses interrelated theories;Secondly, the writer introduces some types of offence to intent;Thtrdly,the writer introduces the naturly purpose of offence to intent,and points out the nature of purpose of offence to intent refers to the aim ofcommit a crime beyond directily intent,which an actor of offence to intent hopes to achieve the final result.Partâ…¢,offence to intent of cognizance.In thes part, divide following two pieces of respect introduction:first of all, the writer introduces offence to intent deffernce from some interrelated crime; Secondly, the writer introduces offence to intent justice cognizance,and points out justice understand can availabilitily overcome offence to intent difficult cognizance.The establishment of this type of crime, raises certain proof difficulties for the prosecution. Thus the method of presumption should be employed to clarify the intention of the crime including intention.Partâ…£, the improving legislation of offence to intent of China.In this part,first of all, the writer introduces disfigurement legislation of offence to intent in Chinese criminal law;Secondly, the writer has suggestion on legislation of offence to intent in Chinese criminal law.