Summary Deliberate Research

The concept of "General intention" belong to indeterminate intention, indeterminate intention and determinate intention is one kind of theory classifies. The classification that our country's criminal legislation adopts is direct intention and hidirect intention., Because in the judicial practice, it has many crimes behavior based on the general intention, sometimes it cannot according as direct intention and hidirect intention to do some comprehensive analysis, therefore it has the necessity to conduct the full research and qualitative about related questions of general intention. But at present it has little treat of the theory of general intention in every countries' criminal law theory, it is mostly touch upon the concept in this aspect's treatise, it does not have the thorough system's discussion and compared studies. So the author thought it is necessary to start deep research with the general intention theory, this article carry on the preliminary discussion with the certain questions of the general intention.The main text divides into five parts:The first part elaborated the origin and the concept of general intention. First, general intention is not the concept which our country criminal law theory stipulated that but is the concept which involves in the Continental Law system criminal law theory, so in this part elaborated the discrimination standard of determinate intention and indeterminate intention is the cognitive element, as well as the general intention should belong to indeterminate intention ; Next, it was also the most important part is carries on to the general intention concept's pectination and limit, to the crime theory theory's analysis in intentionally thought that the general intention research should be based on Rong Ren saying and then carried on summarizes and carries on the appraisal with the general intention concept's different indication, and thought that the concept of general intention should be contain the cognitive element and the volitive element, then the concept is : The person knew perfectly well that own behavior certainly will have some kind of unspecific harm society's result, but will harm the object which, the behavior object and the scope regarding the result the occurrence . will violate in its behavior fashion is not explicit, but has the psychological manner of expection or noninterference with the kind of harm result's occur.The second part has carried on system's discussion to the construction elements of the general intention. First, it has the content indeterminate and the degree indeterminate in the cognitive element of general intention, and general intention has the illegal illegal cognition. Next, the volitive element of general intention only to contain the expection element and the noninterference element, and its volitive element is definite, simultaneously in the illegal will aspect, the general intention may be suitable the theory of the anticipated likelihood. Finally, thought that the general intention has the criminal intent and the crime motive under the expection will control, it has the crime motive under the noninterference will control, but does not have the criminal intent.The third part has carried on discuss the boundary about general intention and the related crime forms. It mainly compared general intention,alternative intention,eventual intention,direct intention,indirect intention and negligence with undue assumption.The fourth part elaborated the crime of general intention's stop form. The general intention has existence of complete form of crime and unfinished form of crime, and the unfinished form of crime has existence of Preparation form, attempted form and discontinuance form.The fifth part of selective analysis general intention and the joint crime related questions. Including joint perpetrator based on the general intention, accessory and instigator based on the general intention, and the excessive behavior in the perpetrator and instigator.