Research On The Purpose Of The Crime

First is the concept of absichtsdelikte in German and Japanese criminal law as the subjective elements and is widely accepted by scholars. The purpose of crime refers to the criminal law on the specific purpose of the elements are the essential elements of the crime of crime.The purpose of not guilty to the law expressly provides for the necessary elements, in addition to the criminal law of the crime with purpose, at the aspect of our country’s criminal theory and judicial practice, there are still illegal crime with purpose. At the normative level, cut off the structure of crime and shortening of the two act crime is not only the structure is not the same, but the scope, there are two to the nature, purpose and intent of the relation are different. Cut off the consequential offense exists only in the direct intentional, which included in the direct intention, is the essence of criminal purpose; shortening of the two act crime can exist in the direct intention, but also exists in the indirect intention, it is essentially a motive for the crime, the subjective elements are independent of the deliberate addition. In practice, the theory of form,accomplice and crime to stop crime with purpose, directly affect the crime in judicial practice to make neither with the preparation, stop crime,joint crime, and other aspects of the problem. At the legislative level, the existing legislation to make unreasonable in some respects, should be perfected, the illegal purpose of legislation necessary zhengming.