Research On The Factual Error In Criminal Law

Theory of error is an error of fact in criminal law areas. Wide range of factual errors, specific manifestations vary widely, reflecting the degree of error also has a size of. What type and what level of errors affecting the establishment of the criminal intention, criminal law scholars in continental law system countries around this error problem a lot of representative theories. Factual errors within the same constituent elements of the main theory of the following: specific to the specific statutory compliance with said and said, abstract statutory compliance with said. Error of fact also exists between the different constituent elements of the official meet said and abstract meet said. Visible, an error of fact in criminal law, in criminal law is a very important and very complex problems of basic theory. Criminal acts are divided into two parts for a long time, that is subjective and objective surface. When in reality, subjective and objective surface inconsistency has occurred and touched in criminal law, forthwith produce errors in the criminal law. Criminal law theory of errors including error two types of errors of fact and law. Study on error of fact in this article, have extensive background both at home and abroad. Criminal law traditionally considers factual errors in the West refers to the subjective knowledge of the facts and the reality of objective fact is inconsistent or incompatible. Error of fact here include understanding errors and errors. Error of fact only involves the understanding of China's theoretical circles, the so-called criminal law errors. This article in fact error theory at home and abroad on the basis of analysis of connotation and denotation, meaning facts errors made in line with the real situation in China, to enhance the scientific nature of judicial practice, but also criminal law theory of maneuverability. On error of fact, distinguish and handle the definition of Germany, and Japan, and Korea, and Italy and other countries and the former Soviet Union have done expressly provides that the criminal code. Theoretical circles in many countries of Chinese criminal law study on error of fact on the basis of the criminal law also made intelligent perspective. Although in China criminal law theoretical circles on facts errors of research has a long history, but so far, in China criminal law code on this content is no any expressly, this regardless of is in theoretical circles also is practice in are is great of defects; on theoretical circles,, this is criminal law theory full system of missing, on practice, is theory from practice, caused judicial practice in the "co-accused different sentenced" of embarrassing and unfair. For this, this article in statement and comparison has States and various on facts errors theory dispute of process in the, based on China conditions, to in China subjective and objective phase unified and the punishment phase adaptation principles for guidelines, on various facts errors theory for in-depth analysis, in lines in the focus on theory guidance practice, made on practice has substantive significance of views, with a view to can solution judicial practice in the by encountered of criminal law facts errors how accurate finds of challenges, and can makes facts errors implement of criminal law theory and judicial practice more close combination.