On The Motive For The Crime

Any crime contains objective element and subjective element. The former is the criminal behavior cause harm to the society, and the later is mens rea, that is, the motive of committing a crime. This point is recognized throughout the world. Subjective element is the basic and significant element of crime structure and decides the nature of the crime so that it is the basis of deciding the criminal's responsibility and punishment. So the subjective aspect of crime deserves more deeply research. The traditional theory of criminal law holds that the criminal motive is not part of the crime structure and it is only the factor taken into account in sentencing. However, what's the relationship between criminal motive and criminal purpose? How about the relation of purpose in absichtsdelikte and criminal purpose? Dose criminal motive only exist in directly deliberate crime? All of these problems are still in great controversy at present. The author believes it's necessary to pay much attention on the theoretical research on the criminal motive. Criminal motive is the deep internal causes behind a criminal act. Only understanding the reason why the actor commit a crime, can we convict and sentence a criminal accurately and prevent the crime since its origin. Studying criminal motive is propitious to master the essence of crime, to really achieve the purpose of punishment, to exert all the functions of the Penal Code. But be in our country, it is regret that criminal motive has not been taken seriously whether in criminal law theory or legislative, or judicial practice till now.In order to have a comprehensive knowledge of criminal motive, this paper starts with the basic theory of motive and criminal motive, and combines the relevant motive theories in criminal theory, legislative and judicial practice home and abroad, finally brings forward the view that we should establish the criminal motive rules in the Penal Code. In the course of the research, with adopting document research method, this paper collects and makes use of theories from home and abroad, legislation, and judicial practice information about criminal motive. The main body of this paper includes the following components:PartⅠ, a summary of the criminal motive. The research purpose of this part is to provide preliminary understanding of the motive and criminal motive for the next study on a sound foundation. This section includes the meaning of motive, several major motive theory, the concept, characteristics, the nature and function of criminal motive. Criminal motive and the motive in common act are all to satisfy some kinds of need. The main difference between them is that the different ways and means used by the subject to meet this need. We ought to establish developing, broad, scientific concept of criminal motive. General motive is neutral, but criminal motive has moral judgment and anti-social nature.PartⅡ, the generation mechanism of criminal motive. This part also belongs to the basic theory of criminal motive. As directly psychological -causes driving the perpetrators to commit a crime, the formation and development of criminal motive is regulated by the law. This paper discusses tree ways of the formation of criminal motive generally. Among them, the needs and to meet it are the roots of crime motive. The generation of criminal motive, a criminal consciousness, as well as the formation of action of culpability mind are all connected with the satisfaction of the needs. Most of the criminal motive is formed directly on the basis of need. But there is still a small part of a crime motive by external incentives. The criminal motive coming into being experiences three stages: external need and outside inducement operate together to form criminal motive, which is the initial stage of criminal motive. The subject chooses a criminal motive after inner conflicts, then shapes the crime determination. Crime determination contains a criminal motive in substance. After that, the offender gets ready for the crime under the guidance of the criminal motive. In this preparatory phase, the criminal motive has emerged. The offender decides whether committing a crime, which crime will be implemented, as well as which plan be adopted. At the same time, it is companied by conflict and transformation of criminal motive.PartⅢ, criminal motive and criminal purpose. In this section, the author firmly grasps the meaning of criminal motive and separate it from criminal purpose. The criminal motive is the inner cause driving actor to put the criminal act into practice. It answers why the perpetrator commit the crime, but does not have directly link with the crime result. Investigating into the purpose of absichtsdelikte in the Penal Code on this basis, the author thinks that the purpose of absichtsdelikte is not the crime purpose, but the criminal motivation. absichtsdelikte is crime of motive in essence.PartⅣ, the extent of the criminal motives. Criminal motive not only exists in directly deliberate crime .In indirectly deliberate crime and negligence with an undue assumption, the perpetrator although does not have the mentality attitude to cause damage result through criminal acts itself. There is no criminal purpose. However, they have a prevision that their own conduct may lead to damage. The occurrence of criminal acts must be based on the causes of certain inner-driven. Therefore, there still existing the criminal motive in these two types of crime. In careless negligence crime, there also existing a criminal motive. This is one kind of "unconscious motive". This is not to say there is no criminal motive in unconscious motivation, but because of some reasons, the criminal does not syllabify perceive the blurred inner reasons that have an active role in criminal acts. The different understanding of the existence in the criminal motives is an inevitable extension of different connotations of criminal motivation.PartⅤ, status of criminal motive in the Penal Code. With many reference to the theory, legislative, and judicial practice in foreign countries, this part scans the orientation of criminal motivation in China's criminal theory, the legislative and judicial practice. In legislation level, the Criminal Law and almost all the relevant judicial interpretations do not mention the criminal motive. This situation has closely related to traditional concept of criminal law and penalty purpose in our country. These deficiencies in evaluating the status of criminal motive may lead to the unjust decision. Therefore, the author suggests that make the criminal motive as selective element of crime structure, and definitude the criminal motives as statutory sentencing circumstances in legislation.