The Motive For The Crime Study

Crime is a kind of combined act of subjectivity and objectivity, which is a proposition recognized by the criminal law circles worldwide. That is to say, the act that only caused the objective damage without fault cannot be convicted (While whether or not strict liability is applicable to crime is still in violent dispute). However, what on earth should the contents of "fault" be ? Is the motive of crime included in? As to these questions, it seems that a consensus has not been made among people. The dominant theory in criminal law circles in our country holds that fault, as one of the subjective elements to constitute a crime, is only composed of malice and negligence, criminal purpose is a selective requisite to constitute a crime, and the motive of crime is not an element to constitute a crime which only influences the measurement of penalty. But when it cones to what is the relationship between criminal purpose and the element of will of direct intent? How to differentiate the motive of crime and the criminal purpose? What is the essential connotation of purpose of absichtsdelikte? And so on. Such questions cannot be completely solved by the dominant theory. In my opinion, crime is only a guise, a presentation, and what's important is the cause hidden behind the action. In feet, when a crime occurs, what people care the most is the motive of crime. Motive of crime is of great significance in assessing a criminal's subjective evil character. Researching into crime without paying attention to the motive of crime will not be beneficial to confirm the essence of criminality, to realize the purpose of penalty, to put the criminal law into full effect However, the motive of crime has not been attached due importance to in either penal legislation, criminal judicature or criminal theory circles in our country. And there is no denying that it is a pitiful negligence. Just as Douglas N-Husak, an American criminal jurist, points out, "Criminal law put the fault in a specially important position, while nearly ignores the motive of crime entirely.. .all schools , factories and families unanimously think the motive of crime is of great importance, why not criminal law think so ?.. .the theory that the motive is less important has led to a lot of unfair verdicts and all these verdicts deserve stem denounce."In order to have a comprehensive and deep understanding of the motive ofcrime, this paper firstly states the definition and the emergence of the motive of crime, the characteristic, function and type of the motive of crime, the relationship between the transform of the motive of crime and tbe unfinished forms of deliberate crime, and the scope of the existence of the motive of crime. In this part, the author argues that we should not grapple the motive of crime and the criminal purpose together, confine the motive of crime into the direct willful crime artificially, and holds that all kinds of crimes (except forgetful act) have their inner causes, and negligence is no exception, according to the definition of motive ofcrime--the inner impulse or cause which spurs one to act Furthermore, theauthor points out the fundamental standard to distinguish the motive of crime and the criminal purpose, argues that criminal purpose takes the harmful result which can be caused only by the harmful act as its contents, i.e. only the harmful result that has direct causality with harmful cat can be classified into the criminal category. And that kind of illegal benefit or result which one craves for by having acquired the direct harmful result caused by the harmful act can only be the inner cause that spurs the act, so it should be classified into the category of the motive of crime. According to this criterion, the essence of the purpose of the absichtsdelikte in our country is the motive of crime, that is to say, absichtsdelikte is crime of motive in essence. Therefore, in the light of the specific provisions in our criminal law such as the bribery, crime of bending the law to serve one's personal considerations for favoritism...