Purpose Guilty Of The Basic Theoretical Research

Intent crime gets its independent status among crime types by virtue of its special criminal subjective features, i.e. the special purpose which is the major factor of being criminal. Although the prescript of Intent crime doesn't have a large proportion in criminal laws of each country in the world, it still can be considered an important type of crime in Criminal Law. The foreign scholars' research on it has never ceased since the concept of Intent crime was put forward in the early 20^th century. But in our country, in the Criminal Law field, it was in the late 1990s that the research which considered Intent crime a type of crime started. At the beginning the theses on it aren't many, and most of them focus on the narration of its definition, the relationship between the purpose and the motivation of the crime, the existing ranges of it, etc. Recently, many scholars begin to turn to analyze problems of deeper levels, such as the essence of the crime purpose, the relationship between the crime purpose and the crime, as well as the theoretical and the practical values of Intent crime so on and so forth. However, there are only some like these according to the published theses which cannot be mentioned in the same breath as those researched in the foreign lands in terms of the depth of the research. The author of this thesis thinks that the clarifying of the problems related to Intent crime can have beneficial effect not only on the perfecting of the theories about the Criminal Law, but also on the operation of the criminal legislation and the criminal administration of justice. Therefore, it is necessary to study the theoretical knowledge it concerns systematically.There are 4 parts, 40,000 words altogether except the introduction.Part one expounds the evolution process of the theory of Intent crime systematically in the manner of knowledge introduction. This thesis considers the successive changes of Intent crime theory in the past in German and Japanese criminal laws are similar to the development of the wickedness, the crime constituting subjective constituting elements theories and the subjective and illegal main factor theories in Roman law. The processes of the production and the development of Intent crime are actually the evolution processes of the theory of the German and Japanese criminal laws. It causes the changes of criminal theory system of German and Japanese criminal laws from objective and formal to subjective and essential.Part two reviews the research of Intent crime in our country from the historical angle and appraises the prescripts about it in the 1979 Criminal Law and the Criminal Law in forth, as well as the current research situation of it. This thesis regards that from copying the Soviet criminal law theory directly to localizing the foreign theories optionally, the research of Intent crime theory studied by the Criminal Law field in our country deepens constantly under the influence of two kinds of "going and fetching doctrine". By analysing this segment history, the paper obtained "his mountain of stone can attack the jade". Copinism is ok, but going and fetching should be selected. It reminds us on the one hand not to going and fetching the other theory indiscriminately, on the other hand, the process of research is more important to serve practice.Part three redefines the concept of Intent crime. Through the discussion of the relationship between the purpose and the intention, the meaning the purpose to the crime committing, and the influence of the purpose on the principle that the subject and the object ought to be consistant, etc., this thesis holds that the traditional criminal law has misunderstood "the intention"; through correction, vindication, and excavating the essence of the specific purpose in Intent crime, this thesis holds "the intention" not only differs from the crime motivation, but differs from the general crime purpose, and it belongs to the specific crime purpose that is beyond "the intention". This thesis redefines the relationship between the purpose and the intention, and holds the purpose has two levels, one is the general crime purpose, belonging to the consciousness of the content of Intent crime, the other is the specific purpose, belonging to the psychological attitude of a deeper level. In the light of the purpose's influence on the criminal subject and object, this thesis holds that although the specific purpose transcends "the intention", it still confirms to the consistant principle of the subject and the object. Through the affirming of the existing ranges of Intent crime, this thesis holds that Intent crime of decodification has value able meanings by its existing. After investigating the basic problems in Intent crime, the concept of it is redefined in this thesis, then it is concluded that Intent crime refers to the crime that sees the specific purpose beyond the intention as the subjective constituting elements in the intentional crimes.Part four inquires into some other basic problems in Intent crime. This thesis discusses the theory of Intent crime from four aspects, that is, the classification, the suspending morphology problem, problems appearing at the time of the realization of the specific purpose, and the accomplice problem.The classification of it mainly discusses the classifying type of Kupierte Erfolgsdelikte and Verkmmert zweiaktige Delikte, considering that this kind of classification is most important and has great significance to the practice of the administration of justice; the suspending morphology mainly discusses the standard to differ the completed crime committing and the uncompleted crime committing, regarding that the realization of the specific purpose cannot be seen as the standard of the completed crime committing, "The all ready saying of the crime constituting elements" is relatively more reasonable, besides, it also discusses the affirming of the preliminary behavior and crime-committing ceased halfway. As to the problems of the realization of the specific purpose, this thesis bases upon the classification type of the Kupierte Erfolgsdelikte and Verkmmert zweiaktige Delikte, and discusses them respectively, holds that in Kupierte Erfolgsdelikte, if the person carries out the behavior that constitutes the elements, the specific purpose can be realized, and there's no need of further behaviors or no problems of the crime involver, while in Verkmmert zweiaktige Delikte, it depends on the situations. Last, as to the accomplice problem, the special problems in Intent crime are discussed from various aspects.