Indirect Intent On Crime

The topic Indirect Intention of Crime is forever blooming. With the development of economy and society, the form of crime is also coming up with its new forms so as the most complicated crime form of crime, Indirect Intention of Crime, presents new problems to us. For example, there are many controversies among the differences between the constitute element of Indirect Intention of Crime and Direct Intention of Crime, whether there are any incomplete forms of Indirect Intention of Crime and how to distinguish the commitment of indirect intention and direct one in practice, etc., many of which cannot be completely solved both in practice and in theory. Therefore, it becomes great necessary to enhance the research of Indirect Intention of Crime. Based upon the regulations of law, hereby, I am doing some research with the combination of criminal doctrine and the problems during the judiciary practice hoping to be of help to criminal doctrine, criminal law making and judiciary practice.Part One is the abstract of Indirect Intention of Crime which draws a line between the definition and nation which clearly confine the connotation, extension and content on the 14^th clause of criminal law basis.Part two is China's Indirect Intention of Crime historic sources. Through the historic tracing of Indirect Intention of Crime law-making and theories, it presents the form of offence has transformed from absolute responsibility to relative one so as to result in the conclusion of the fact that the indirect intention of offence theory is the legal culture which absorbed historic legal systems selectively.Part three is about both theories and practices of Indirect Intention of Crime in foreign criminal law. It has three sub-parts. The first one describes the offence forms of two major criminal schools in western world of recent years. As the outstanding representatives of Britain and Germany, the second one briefly introduces the indirect intention offences in the criminal law between Anglo-American Law System and Continental Law System. Part three presents the indirect intention offences in former USSR. It's definitely of great importance to deeply understand the developmental process of indirect intention offences through comparatively analyzing the offence form of theories and law-making.Part four analyzes the make-up of Indirect Intention of Crime in detail. According to the clauses of intention offences in criminal law, it presents that Indirect Intention is made up of recognition and will factors and criticizes the theory about the recognition differences between Indirect Intention and Direct Intention. It also presents that the recognition factors of both Indirect Intention and Direct Intention are the same and so is the recognition contents. Both are the result of awareness of the harm to the society. The recognition extent is same, too. Both realize "it necessarily and possibly happens". The differences of will factors between them is the key and core, i.e. Indirect Intention is the "random" will while Direct Intention is the "wish" will.Part five dissertates the convictive effectiveness of Indirect Intention Defense which presents the accordance of subjective and objective principle and the effectiveness of Indirect Intention in crime and non-crime, this crime and that crime, convicting crime, judging crime and preventing and controlling crime.Part six researches numbers of judiciary practices of Indirect Intention of Crime and gives the contra posing- solutions. Sub-part one gives the answer of whether are any incomplete forms of Indirect Intention of Crime. It concludes that there is the incomplete form of Indirect Intention of Crime from both foreign law-making practices and theories and furthermore, according to the unclear regulations of our criminal law, it proposes that the offence incomplete forms should comprise the Indirect Intention of Crime through law-making and judiciary explanation. Sub-part two is the division between Indirect Intention of Crime and other forms of crime. On the one hand, it strictly confines the Indirect Intention of Crime and Direct Intention of Crime and shows the necessity and importance of law-making in accordance with the same and different points of them, and gives the author's definite assumption. On the other hand, it strictly confines Indirect Intention of Crime and over-confidence. According to the similarity between them, it gives the analysis of the differences between them and gives the definite standard in practice. Sub-part three is about how to recognize and assume Indirect Intention of Crime in judiciary practices and through the dialectical materialist theory of knowledge, it wholly, objectively and scientifically assures the judiciary practice knowledge and skill of Indirect Intention of Crime.During the research of Indirect Intention of Crime, the characteristic of researchmethods is as following: the pose of the question is based upon the present criminal law theories, judiciary practices and criminal legislation which are about observation, analysis, and thoughts of Indirect Intention of Crime. A kind of sensible acknowledge and logos thought have been made after the author found out several abuses of former proposition. Under the guide of tutor, the author has made comparison with ancient between modern and home between aboard theories and law-making, meanwhile, he studied and referenced relative theories, absorbing and referencing the fruit of heritage of international laws. When doing the research, he mainly use the sensitive analysis, with the support of illustrating and dissecting in order to try to convince people with reasons and giving examples with truth. At the same time, he also made some conclusion of reasonable and sensible legislation and theories to give birth to many new point views and arguments.