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The Recognition Mistake Of Criminal Law

Posted on:2008-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y L WangFull Text:PDF
GTID:2166360218451151Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The understanding mistake of criminal law is the person has the wrong understanding on his behavior or circumstance。In the criminal law ,Understanding mistake is the subjective problem of crime。It is the person who are able to understanding the fact and situation. But it`s cognition not same to reality or law。He has the mistake in the understanding content, therefore ,It can directly affect its will。For example ,The person thought his crime behavior is legal ,then he has a will to practise it。The behavior person thought has killed the other people, so he not tcontinue to implement injures, and so on. In these situations, How to determined the legal responsibility is a question which is worth our while . Studies these questions, it is significant . because we will find the ways which distinguish finished crime and unfinished crime .In the article , The first problem that we discussed is the concept on"recognition mistake"and classify. Under this premise, we classified the article in three sections. The first"recognition mistake"is of criminal matter understanding mistake .The second"recognition mistake"is of the illegal understanding mistake .The third"recognition mistake"is of stop criminal intent understanding mistake . The article discussed all problems based on the three section. In the criminal law ,The"mistake"problem will solve whether the mistake stop criminal intent. In other word, the"mistake"problem will distinguish the crime with the non-crime, this crime and other crime, felony and light crime problems . Therefore ,It is important to the practice. And "the recognition mistake" clearly tell us that the problem is relate to subjective aspect of crime. The"recognition mistake " and " mistake " is not the identical question, looks like "illegality" and "the illegal understanding" is not a question .In fact,"The subjective recognition mistake"and"criminal duty"are us want to discuss on the article . This is the article all significance.
Keywords/Search Tags:Mistake, Recognition mistake, Criminal matter understanding mistake, The illegal understanding mistake
PDF Full Text Request
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