The Purpose Of The Criminal Law. Offenders

Offense to intent is a kind of criminal law of our country, and very important in the specific provisions of criminal law. Because lack of systematic studying in the concept of offense to intent ,the essence of the intent, the framework of the offense to intent ,the judicial practice and actual operation are perplexed. The paper try to study the offense to intent of our country from the relative theory ,the offense to intent of criminal law in China ,the forms and the legislative suggestions.The chapter discourse the emerge of the concept of offense to intent and the legislative forms of offense to intent, through the enlightenment doctrine of criminal law of continental law system with the development of the constitution of a crime. It regard the broad doctrine as more consilient to the criminal law of our country, from the discourse of the broad doctrine and the narrow doctrine of the concept of offense to intent, with the articles of law, the theory and legislative practice .It is to say that the concept of offense to intent has certain purpose subjectively with actors as the constitution of a crime, or without the article of law, but no certain purpose no certain crime by the theory and the legislative practice. The purpose of offense to intent is difference from the direct intention, indirect intention subjectively with the actor through the characteristic of the constitution of offense to intent, so the constitution of the offense to intent is different from the general intentional offense. There are four doctrines to the essence of the purpose of offense to intent. It is criminal purpose, criminal motive, three types of intent and specific criminal motive. The section discourse the doctrines above, especially through the criminal motive doctrine, regards the specific motive as the essence of offense to intent Through discoursing the positive and the negative doctrine, the section regards that the purpose of offense to intent has several forms. The first is the criminal motive in the direct intention. The second is the specific motive of offense to intent There is intimate relation with the forms of the offense to intent The section discourse shortly the legislative development of offense to intent, and the increase or the decrease of the articles. There are several forms in the offense to intent in the criminal law, through different standards, the first is literal and inliteral offense to intent; the second is greedy or other, the third is the natural...