The Study Of Criminal Purposes

Criminal purposes as crime one of the main aspects of subjective factor in our rational determination, correctly, applicable criminal law on the crime has irreplaceable function. About the status of criminal purpose in our traditional criminal law is often in general in relation to criminal motive and the existence of one of the actor's subjective factors, however, with the purpose of produce and mature theory made about specific criminal purpose, the punishment law position is changed, has not pure psychological factors, more play is the role of crime elements, as some crimes elements and necessary. Meanwhile, our traditional criminal law in criminal purposes is often defined in the psychological level, while in argument to define the function of criminal purpose but consider is the role of specific criminal purposes. Therefore, the authors try on the basis of original concepts of extension of criminal purpose to define, also is the purpose of specific purpose also committed the crime within defined purpose. Criminal purpose is still to harm result of subjective actor to actively pursue psychology attitude, but this kind of harm result not only includes the actor directly intentionally to harm result at the same time it also include direct intentional beyond the specific harm result.On defining the criminal purpose after focuses on the concept of purpose and deliberately relationship crime,that is in the second and third part. Actor only know his behavior and actions will happen harm the social result, and through the implementation of the pursuit of this crime happened, the results will be the existence of criminal purposes. Therefore, criminal purposes only exist in direct intentional crime in,indirect intentional does not exist in criminal purposes. Direct intentional contains two content, one is knowing that your behavior will act occurred harm the social result, also called consciousness factors; 2 it is actor hope this endangering the happening of the result, this kind of "hope" heart belongs to psychological factors. The will "Knowledge" of the content of the act shall include understanding, of behavior in itself to harm the understanding, behavior and harm result of other associated understanding of the crime fact. Crime directly intentionally will elements contained part of criminal purposes. This part of the criminal purposes is behavior person to crimes that are a direct result of the pursuit of harm results. Generally speaking crime subjective factors and objective element is mutual correspond, but some crimes but not required to have a subjective factors with the corresponding objective factors. Such subjective factors called subjective than elements, it mainly for the purpose, goal made is a special type of criminal purposes. Through the analysis results show that criminal purposes can exist only direct intentional crime, and criminal purposes can be divided into two parts, one part is reflected in direct intentional will elements, part of it is reflected in the subjective over elements, is a special kind of criminal purposes.It also expounds the criminal purposes in the role that crime. Specific about criminal purposes in the crime cognizance, form and crime number form accomplice the role. Based on the general purpose and special purpose respectively in specific crime demonstrated that play the criminal purpose of differentiates the crime and Pilate sin, the role of crime and is not a crime. In discussing common crime when discusses the related issues in particular criminal purpose that was established or not and how accomplice effect, especially in the sin of one party has specific aim and the other side does not have the case but knowingly committing crimes jointly established accomplice question from theory and practice, the author discussed the two aspects should be taken according to the particularity of specific aim was founded by a joint crime committed the purpose views. Finally the author and the realization of specific criminal purpose in the treatment of criminal law research, mainly as a tentative not punish behavior after the criminal law or applicable regulations made about transformation.