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Comparison Of Criminal Intention Will Factor

Posted on:2011-11-11Degree:MasterType:Thesis
Country:ChinaCandidate:Z C ZhuFull Text:PDF
GTID:2166360332455588Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
"Not guilty had no crime" as the basic concept of criminal law exists, means that criminal responsibility for violations of human behavior is the foundation of people's subjective guilt. Criminal acts intentionally and profoundly reflects the person's subjective vicious, so countries have criminal penalties for criminal intent to the principle of punishment as an exception fault. Throughout the national criminal justice system to punish crimes against intentional attitude is the same, but a specific intent in the legislation the concept of crime is not an easy task. For example, has always stressed the codification, into a culture of civil law countries such as Germany, Japan and other countries of the Criminal Code but did not deliberately defined in the legislation. Why is such an important concept in the Penal Code, it is difficult to show their faces? I am very confused, and through access to large amounts of data, more deeply understand the complexity of the problem, a long and arduous. Theory of criminal law is now the countries that desire as the constituent elements of criminal intent exists.However, criminal legislation and doctrine through the research, the debate on criminal intent existed at first on the argument of knowledge and desire, until now still has a fiercely debated topic. I will address this issue as their thesis research in the hope that through a series of comparative study can explore aspects of our subjective guilt building blocks.This article is divided into five parts, the body's words about 32,000 words.The first part is "introduction".Briefly discusses the significance of literature review, subject, the research methods, the structure arrangement.The second part is "the crime of intentionally will factors theory".The author compares crime in criminal law on the theory of legislation and willingness to put forward their own will, the concept and characteristic of factors, and compares the related concepts and the willingness of the crime in criminal law that will not consider emotional factors are certain limitation. Should the factors and emotional factors will combine to advocate the concept elements. The third part is "hope and new interpretation of".The author advocates to elements of the concept, the emotional factors, hope and into the new explanation for indulgence.The fourth part is "functional comparison between elements form of sin."The author compares the criminal legislation and theories, think of direct and indirect intentional distinguish has important theoretical and practical significance. The author puts forward the standard about distinguish different intentionally. In the distinction of deliberate and negligence, the author put forward in the function is intentionally and distinguish between fault is actually the indirect intentional and understanding of the fault. Between the black white is not wrong, but certain relation of the common elements, advocate the comprehensive standard standpoint.The fifth part is "the conclusion".The author focuses on the author's creative work and achievements in the academic field, function and meaning.
Keywords/Search Tags:criminal intention, will elements, wishing, indulgence, intentional elements, indirect intent
PDF Full Text Request
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