On The Theory Of Mistake Of Fact

The theory of mistake which refers to many aspects of the main part in criminal law holds a very important meaning in theory and practice. In view of the lack of regulation of mistake in our criminal law, we need draw to the criminal intention in our criminal law at last. Mistakes related to the inconsistencies of criminal law theory both in subjective aspects and objective aspects. Because of the various reasons, the behavior's recognize of the facts appears inconsistent with the actual realization of the facts. This inconsistent demonstrates its importance at what extend with the intention, negligence, criminal responsibility even the conviction and sentencing. This paper focused on the basic issues and the resistant to the intentional responsibility of the factual mistake. The paper also insists on the opinion of traditional classification of mistake. Beginning at the fundamental issues of the mistake, the article discusses the connotation, extension, classification and reasonable solution of mistake of fact.The article is trying to find out the nature of the mistake from the definition at first, that is to say, the bias between the behavior's subjective knowledge and objective facts. Learn from the effects of different countries'such as Italy, Korea legislation to the criminal mistake theory. Clear the thinking which the problem of mistake should return to the intentional definitions and theories. We could come to the conclusion that it is wise to follow the traditional classification. The mistake of the prerequisite fact of excluding criminal causality is a kind of factual mistake which could hinder the intentional responsibility.By the way to describe the connotation and extension of the basic issues of factual mistake to narrow the delimitation of the scope of factual mistake. Many aspects are excluded from the scope of the factual error, such as the objective error, subjective error, and other problems which could be solved by the intentional and negligence theory. Give the clear thinking to the factual mistake and avoid the duplication.The paper focus on the describtion of specific theories of the factual mistake and abstract mistake of fact. Give the discussion of the disagreements between doctrines of concrete accord, doctrine of abstract accord and doctrines of legally prescribed accord in Japan and the disagreements between the concrete theory and the equivalent theory in Germany. Also, some theory of criminal constitution wants to mixture the two aspects. The paper insists to take the doctrines of legally prescribed accord in our country. In the circumstances of causality consequence mistake, we should judge the intentional responsibility by the status of beginning. We also should use the doctrines of legally prescribed accord to solve the abstract mastake of fact and avoid the only subjective responsibility judgement.