On The Purpose's Confirmation Of The Absichtsdelikte

Absichtsdelikte is a class of Crime with a specific purpose as its special constitutive elements of crime.Unlike the other criminal purpose, the specific purpose in Absichtsdelikte, which has the effect of distinguishing different crimes, juxtaposes with the Criminal Intent.In the judicial practice,we insist on the Principle of Correspondence between Subjectivity and Objectivity.So we should consider not only the Objective behaviors but also the Subjective elements of crime.Because of the limits of our cognitive competence and the abstraction and uncertainty of the subjective factors,it is very difficult for us to have enough evidence to prove subjective factors, including the specific purpose. So,I believe that in order to slove the above trouble,it is necessary for us to draw in the Criminal Presumption.Besides the Preface,we have four parts in this article:The first part is the basic theories of Absichtsdelikte.First of all,this part discusses the Concept,the Nature and the Classification of the Criminal Purpose.And then,this part discusses the Concept,the Nature of the Absichtsdelikte.This part also discusses the Nature of the specific purpose of Absichtsdelikte.The second part mainly discusses the trouble for us to have enough evidence to prove subjective factors in the Judicial Practice.This part discusses the reason for the above trouble and the problems it bings.This part also discusses the suggestions and opinions on the above trouble:Innocent Until Proved Guilty or draw in the Criminal Presumption.In this article,I prefer to the latter.The third part is mainly about the discussion of Deducing of Purpose's Confirmation.In this part,I discuss the concept and the classification of the Criminal Presumption.I also study on the value and the function of the Criminal Presumption.Then,I take the purpose of Illegal Possession and purpose of Bribery and Corruption Crimes for example,to introduce the concrete application of the Criminal Presumption.The fourth part is the last part of the article. It is mainly about the introspections and suggestions for the Absichtsdelikte in our Criminal Law.In this part, firstly,I make a Survey of the Legislation of Absichtsdelikte in our Criminal Law.And then I analyse the problem of Absichtsdelikte in our Criminal Law and make a Introspections on it.In the last,I study on how to perfecting our the legislation of Absichtsdelikte in our Criminal Law.