On The Form Of Crimes In English Criminal Law And Its Enlightenment To China 's Criminal Law

It can be seen from the precedent Report of CLRC and cases in Britain, mens rea of British Criminal mainly has three forms: Intention, Recklessness and Negligence. The author had been England for one year and insisted on attending criminal law modules. During this period, the author participated in discussions with local professor and students on the issue of mens rea. The definitions and scopes of mental elements in the material premises of crimes are totally different between common law countries and our country. The strong operability of mens rea system, arising from the practice, causes author’s great interest. Thus the author collected large numbers of cases, such as Hyamv DPP in 1959, R v Parker in 1977, R v Briggs in 1977, R v Stephenson in 1979 and Nicklinson case in 2014, Cunningham case in 1957, Stephenson case in 1979, Caldwell case and Lawrence case in 1982, Gemmell v Richards. These cases make mens rea develop rapidly. This paper will, combining with mens rea in the form of our Criminal Law system, analysis and sort out mens rea in British Criminal Law from comparative law perspective.Research methods used in this paper is case analysis, supplemented by reference to a number of foreign literatures. Currently, due to less Chinese literature in the form research of mens rea in British criminal law, the author need to read a lot of English literature, jurisprudence and the British case analysis for this research. Try to make the contents of the British criminal law sin blank form, especially in the introduction to the function of mens rea and the form of negligence. Based on the literature on English criminal law, the author intends to give critical thinking on the opinion of some criminal law scholar in China on the issue of mens rea. Finally, this paper discusses the inspiration of the mens are in British criminal law for our criminal legislation and practice. Furthermore, the author suggests the static text criminal law transformed into a dynamic practice of criminal law.This paper is divided into three parts, with the British criminal law in the form of sin leads, will commence revelation of the Criminal Law, and the problem down to three specific forms of sin. The first part introduces a brief history of the development of the mens rea in United Kingdom and its important role. The second part consists of three chapters, each chapter describes a form of mens rea. Finally, the author focuses on the inspiration of the mens are in British criminal law for our criminal legislation and practice. OSCOLA will be used as referencing system in this paper.