The Study On The Knowledge Issue Of Criminal Intention

In the theory of subjective fault, the knowledge issue of criminal intention has been a hot issue of high-profile attention. Knowledge is a cognitive factor in criminal intention which occupies an important place in the system of the criminal constitution. Whether the perpetrator has subjective knowledge, not only directly affects the establishment of criminal intention, but also makes a significant impact on the system of the criminal constitution in criminal law theory and conviction and sentencing in the judicial practice. Therefore, it is necessary to make a deeper study on the knowledge issue of criminal intention. This article which begins by the status of knowledge in criminal law analyzes and confirms the foundation status of knowledge in the criminal intention and constitution of crime. And then, from the definition of knowledge, the scope of knowledge, the extent of knowledge, the presumption of knowledge that four aspects comprehensively discusses and researches the knowledge issue of criminal intention.The article first discusses the status of knowledge in criminal law, which is divided into three levels. The first level analyzes the three kinds of theories about the intention and finds that no matter what kind of theory has a same point that there is no criminal intention where is no knowledge. The foundation status and effect of knowledge in criminal intention can not be shaken. The second level focuses on the status of knowledge in the different constitution of crime. Though there are many differences about the textual representation of knowledge between different Legal systems, it is the same that they all pay much attention in knowledge which becomes the important element in the subjective aspects of crime and in the constitution of crime. The third level, which analyzes the relationship between the knowledge in criminal general and the knowledge in provisions of criminal law, believes that knowledge in the provisions of criminal law can not entirely replace the role of knowledge in general principles, though it has an independent existence.Through introducing and evaluating various views about the definition of knowledge, this part finds that these views mostly fail to reach the purpose of defining knowledge comprehensively, which most scholars can not agree with. The author further analyzes the process of human cognition and believes that because of abstract, hidden and elusive character of knowledge, it is better to describe the meaning of knowledge.Part three mainly talks about two important aspects of knowledge:factual knowledge which consists of all the facts in the objective aspect of Crime, and evaluative knowledge which can only be illegal cognition rather than social harmfulness cognition.Drawing on other scholar's point that is about the classification of the degree of cognition, this article discusses knowledge related a matter of degree from two aspects. The first aspect which is about knowledge of degree has the view that knowing of degree requests the perpetrator must know the likelihood and inevitability of behavior and results. The second aspect which is about degree of knowledge thinks that the degree of knowledge should achieve the standards of the theory of statutory conformation.Through introducing the basic theories related to the presumption, this article believes that the way to achieve identifying knowledge by means of presumption is very necessary and reasonable. However, due to the disadvantage of the presumption of knowledge, it is necessary to restrict the scope of application of the presumption, ensure the reality of basic facts and establish the perfect institution of negative proof, so that the presumption can play an active role.