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On Intentional Crime Awareness Factors

Posted on:2010-09-11Degree:MasterType:Thesis
Country:ChinaCandidate:F L GuoFull Text:PDF
GTID:2206360302958737Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The subjective aspect of intentional crime includes knowledge element and will element. The knowledge element is the basis of the will element and has influence on the later. The knowledge element of crime is one of the core factors of crime construction theory and has essential importance on the theory explanation and the judicial practice. This paper is composed of four parts:The first chapter focuses on the concept of the knowledge element and its role in intentional crime. I analyze the knowledge element in psychological point of view and conclude that it includes content and degree of knowledge and has influence on the will element of intentional crime.The second chapter focuses on the fact knowledge. I claim the fact knowledge includes the essence, object, results of the crime and the relation the behavior and the results, the time, place and modes of the behavior and focus on the content of knowledge. The injure results have broad and narrow meanings and the causation belongs to the content of the knowledge element. In the meantime, the subject and object is not in the scope of knowledge element.The third chapter I discuss the fact knowledge in the normative view. I focus on the concept of the knowledge of illegality and I claim that the knowledge of social injury is not stand of fact knowledge, but the knowledge of illegality.The fourth chapter discusses the degree of knowledge. I claim the noninterference in intentional crime is indirect intention. And in the point of the degree of knowledge, it is the same for direct intention and indirect intention.
Keywords/Search Tags:knowledge element, knowledge of fact, normative analysis, knowledge of illegality, degree of knowledge
PDF Full Text Request
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