Research On Criminal Purpose

The theory of crime construction plays a major role in our country's jurisprudence system. The theory gives the same weight to the subjectivity and the objectivity of the criminal. Therefore, the purpose of crime, the subjectivity factors, could not be ignored easily. Appearance of the concept of Absichtsdelikte cannot be separated from evolution of requisites to constitute a crime in continental legal system.The first part concludes three fractions:One, a research for the crime purpose is unfolded from the basic theory and to the natures of the purpose, that are, subjectivity, objectivity,activity,and practice.Two, the purpose of crime, the soul of this fraction, is analyzed from the inadequacy of the result, the psychology and the motivation of criminal.Three, a conclusion came up with: the purpose of crime is the behaviorism's psychology that he wants to get through the criminal action and the subjective reflections made by the purpose.The second part is about the correlation between the purposes of crime and the direct intention.The purpose of crime, which can only be found in the direct intention crimes , can be divided into two fractions: willpowers of direct intention and some other factors , a special crime, that are beyond the controlling of subjectivity.The last part, the role played by the purpose of crime in the procedure of sentence consisting four fractions One, the purpose's role makes a crime. As the purpose belongs to the subjectivity, it plays a dominate role in the process of forming a direct intention crimes. Different purposes will reflect different psychological trends and dispositional difference of actors, which will affect not only conviction but also punishment and reform to criminals.Two, the crime location's function is in the investment of the crime. The rewritten purpose of crime, developed itself from the inadequacy of other theories, is an important standard to identify the crime process accomplished or not. The accomplishment of crime with purpose should be divided into two patterns: one is that the criterion of accomplishment should be the accomplishment of purpose if the benefit protected by criminal law both purpose and intent aim at are same; the other is that if what purpose aims at is different from that of intent, purpose beyond the benefit protected by criminal law, the criterion of accomplishment should not require the achievement of purpose. In this case, the actor with some purpose finishing the required act will achieve the crime.Three, the function of the crime purpose is in the procedure of joint crime. Joint crime theory is a kind of theory for expansion of penalty, which serves for the purpose of providing theoretical basis to punishment of untypical actors. Dauerverbrechen of Absichtsdelikte usually include three circumstances: the first one is that a crime without specific purpose goes on until it owns, the second one is that a crime with specific purpose goes on until it doesn't own ,the third one is that some certain crime with specific purpose goes on until it changes into another Absichtsdelikte. Under the circumstances mentioned above, the purpose should be the earliest purpose and the purpose changes during its continuance of action will not affect crime committed. Heavier crime can change into a lighter one on occasion of Absichtsdelikte complying with change of specific purpose.Four, the purpose of crime's role is in the process of forming one or several cases. The crime forming theory, as a standard of identifying the number of criminal cases is in conformity with our nation's crime theory system.