Objective Committed Research

Crime with purpose is a special kind of conformation of crime. Since the conception of crime with purpose is put forward, the scholar in the criminal law circles carried on fruitful discussion, and comes in being the theory of crime with purpose. In our country,from the setting up of the Peoples Republic of China,the scholars in the criminal law circles carried on fruitful researchers on crime with purpose,and have reached some common understandings. But these studies are not enough yet,and crime with purpose is still the subject which need probing into so far. This paper confirms the existence of non-statutory purpose guilty, guilty of taking the concept of generalized purposes, while the purpose of committing the "purpose" of nature and its position in the commission of a crime in this controversial issue given their reasonable explanation to this committed on purpose to have a clear interpretation of the concept. On this basis, the purpose of this paper compared the characteristics of committing a thorough analysis, and the purpose of committing a classification of the purpose of committing accomplished, attempted the difficult problems in the form of giving a more profound interpretation. Finally, provisions made for the purpose of perfecting the view also put forward some.Exclude foreword and conclusion,this paper consists of four parts as following: PartⅠ,the elementary theory of crime with purpose. This part has two aspects. The first aspect introduced the crime with purpose the concept, the purpose violate the purpose essence. Concept which violates about the purpose, disputed that biggest is whether to exist illegal decides the purpose commit, also namely whether can the criminal law clearly stipulate some purpose to take crime constitution important document may the tenable purpose commit, the author believed that the crime with purpose does not clearly stipulate limited to the law, should use the generalized purpose to violate the concept. The question which the concept which violates for the defined purpose, the crime with purpose it"purpose"the connotation also does not allow to avoid, the author has explained essence of the purpose, simultaneously also introduced the crime with purpose it"the purpose", in the crime discusses the status. The second aspect comes up three big characteristics which from the essential significance the elaboration crime with purpose. One of characteristics, the purpose commit belongs to the actual intent crime, the crime with purpose first is one kind of actual intent crime, moreover also can only exist in the actual intent crime one kind of crime shape; Second characteristic, the author subjectively has the specific criminal intent, the purpose has its meaning in the philosophy and the penology significance, the crime with purpose the specific purpose to have its specific meaning; Third characteristic, the specific purpose belongs to the crime constitution important document, in the criminal law, can only by the crime which actual intent constitutes, the specific criminal intent is these crime constitution important document, both may by actual intent constitute regarding these, and may by in the crime which indirect constitutes intentionally, the criminal intent is not these crime constitution important document.PartⅡ, the crime with purpose type. According to the different classified standard, the crime with purpose has the different classification. The classification which violates to the purpose has the different standard and the standpoint in the criminal law theory neutral criminal law concrete article. In the criminal law theory, the classification which violates to the purpose has the following several kinds approximately: Cuts off the result violates with the reduction behavior violates, violates to the behavior purpose with violates, the legal purpose to the result purpose to violate with the crime with purpose who illegal decides. Cuts off the result violates says, violates result of the intention in Taiwan purpose behavior or its supplementary phenomenon by the author, but the nature realizes, therefore realizes to its intention does not need realization of for the behavior. The contraction behavior commit refers to the purpose to violate the constitution important document to refer to the behavior, it is unable to achieve the intention, namely its intention depends on another of behavior authors only then realizes. The purpose violates the main classification includes in the legislation: Take harms the national security to violate as the purpose, violates take wrongful possession as the purpose, take seeks to make a profit as the purpose crime with purpose.PartⅢ, The crime with purpose in the crime shape some hard problems. Elaborated had recognized that the purpose violated the accomplished offense, the attempted standard; and violated the accomplished offense, the attempted hard problem to the purpose to conduct the research, finally elaborated the result which cut off to violate with the reduction behavior violates the crime number question which the purpose realized. About recognized that the crime with purpose the accomplished offense attempted standard theory, had"the criminal intent to realize says", namely by criminal intent whether to realize for the boundary, realized the criminal intent to be able to achieve the accomplished offense, otherwise for attempted;"the crime result occurred says", namely by crime result whether to occur for the standard, only then had certain crime result to be able to constitute the accomplished offense, otherwise was the attempted shape;"the constitution important document said prepared", namely by crime constitution important document whether to stand prepared according to, only then conforms to the criminal law minute, then stipulated the complete constitution important document can constitute the accomplished offense, otherwise for attempted; Last viewpoint of for our country punishment legal community logically coherent argument, the author also thought that the constitution important document said prepared is also more reasonable. PartⅣ, The crime with purpose the legislative self-criticism and the legislation suggested that asks in our country criminal law the crime with purpose a regulation the deferral in question and insufficiency, and aims at malpractice of the existence, proposed with a clear purpose some legislations suggested that from legislates the stipulation which comes up the consummation purpose to violate, then instructs the judicial practice which well the crime with purpose. Our country criminal law violates a regulation the flaw which about the purpose decides mainly to have, should stipulate commits the crime for the purpose not to make the stipulation, the specific purpose's stipulation lacks the objective test, the legal writing indication not unified and so on questions. For example, should not stipulate that violates our country criminal law for the purpose actually to request to have the specific purpose to be able to constitute. Criminal law some purposes violate about"the specific purpose"the stipulation meaningless or the significance is not big. The legislator to criminal intent's stipulation, lacks the objective test, has the subjective capriciousness. In view of these flaws, the author target-oriented proposed the following legislation suggested: Maintains the sentence type is unified, avoids indication and criminality the specific purpose overlapping, the purpose content same indication is consistent.