The Purpose Of Committing Explore

Intent crime is a concept of the criminal law theory of continental law system. It was first proposed by a German scholar, subsequently, the scholars of continental law system made a extensive and profound study on it. The study on intent crime in our criminal circle carried out relatively late, and at a low level, still, there are many confused problems about intent crime theory, which effects its judicial identify. Therefore, I select intent crime as study object, discussing related theoretical problems about it, and put forward some ideas of myself.The body text consists of three parts.The first part is the general theory about intent crime. In this part, I discuss some basic theoretical issues including the concept,the essence,and the classification of intent crime. First, I introduce the historical development of the theory of intent crime in continental law system. In continental law system countries, there's close relation between the proposal of the concept of intent crime and the evolvement of the theories of criminal constitution. The concept of intent crime was proposed when the subjective element established its status in criminal constitution. In the early criminal theory of continental law system, the criminal constitution was only thought to be the behaving type to be objective and valued-neutral but not the type containing normative and subjective element. At this time, the proposal of intent crime have not adequate theoretical basis. As the development of criminal constitution theory, the constitution elements were thought to include the normative and subjective elements. Then the concept of intent crime was put forward. Subsequently, I introduce the research status of intent crime in china mainland. Chinese scholars first put forward the concept of intent crime in 1989, but the scope of intent crime is not studied extensively and the content is not researched profoundly. I hold that the concept of intent crime should adopt a broad sense theory, which considers that the intent crime include not only legal intent crime but also non-legal intent crime. About the essence of intent crime, whether it is motivation or purpose of crime is a dispute between scholars. I consider that the essence of intent crime is purpose of crime and it is a specific purpose of crime independent of criminal intention. Classifying intent crime according to different standards helps us to deepen our understanding about intent crime. So, I make a brief introduction about the classification of intent crime.The second part is the criminal pattern of intent crime. In this part I mainly introduce the cessation pattern of intent crime(include preparatory pattern,abortive pattern attempted and accomplished pattern),the crime quantity pattern of intent crime and the accomplice pattern of intent crime. In this part, there are many difficulties in judicial determination about intent crime, I solute related difficult problems by theory proof as well as by means of examples. For example, on the problem about the attempted and accomplished pattern of intent crime, I believe that as long as actor has done the practical conduct which is regulated by the constitution of crime, the crime is accomplished, whether the offender has accomplished the special intent. The accomplishment of the intent of intent crime is not the standard to determine the accomplished pattern of intent crime.The third part is the reflection about Chinese legislative regulation of intent crime. There are dozens of criminal provisions about intent crime in Chinese criminal law, but looking at all the legislative provisions, we can find that there are many problems about intent crime in terms of legislative content and legislative technology, which needs to be perfected and reflected. At last, I put forward some legislative defects about Chinese legislative regulation of intent crime and suggest related legislative proposals.