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Analysis Of Cognition In Criminal Intent

Posted on:2012-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:Z J ZhuangFull Text:PDF
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Cognition is the understanding of the factors in criminal intent ,is an important issue in theory of crime constitutes, that plays a fundamental role in establishment of criminal intent, and has been concerned whether in theoretical or practical circles at home and abroad . Based on the"cognition"issue of theoretical research, complemented by a large number of practical cases, combined both theory and practice , the writer try to discuss all aspects of"cognition"in criminal intent, in order to obtain a benefit in study and application of the issue. This thesis is divided into three parts:The first part from the identification of"cognition"in difficulties in practice, to illustrate the problem using actual case in identification of"cognition",then analyze the reasons: first, there are limitations on legislation; Second, in dealing with specific cases, they often focus on specific sub-requirements, while ignore the guiding role of the General Penal Code; Third, there is no uniform understanding of what"cognition"in practice.The second part discusses the meaning and the content of"cognition",its position in composition of the crime. This section focuses on analyzing different viewpoints in theoretical circles, then concludes that obtain the content should understand its real meaning. The section will be divided into elements of the fact that"cognition"and naure of the acts of"cognition", and then were described. Form the first half of the part, we can obtain the content of"cognition"in elements of crime, implement a specific objective aspect of the offense in theory of criminal law in our country .Specifically, the process should include the development and results of behavior, the causal relationship between behavior and results, of course, certain charges for time is also included, location and means of methods of"cognition". Form the latter half of the part, Comparing knowledge of illegality, social awareness of the dangers of"cognition"more appropriate as the intentional content. Because first, this is good and necessary criminal norms, followed by this understanding does not violate the principle of legality, and which conforms to China's basic national conditions.Discussed the status of"cognition", the author proposes that"cognition"as a criminal intention must have knowledge of the factors is the core of subjective guilty, and that its position is important whatever the crime constitution system, and can lead to distinction of crime or not.The third part will return to practice, explore how to identify"cognition"in practice. The article from the Criminal Code provisions, discusses how to grasp"cognition"requirement in general principles of criminal law. The writer believes that since the General Penal Code is a guide for the sub-role, then the general provisions that intentional crime must be"cognition as the basis, so all the sub-intentional crime should be on this basis, and the fact of"cognition"in sub criminal law is a specific subjective element in dealing with specific charges must also be met.The second is that"cognition"in sub criminal law shall belong to notice provides only playing an indicative role, it is proposed in the form of judicial interpretation on this issue clear. Because the judicial practice often presumed to recognize the"cognition", this article discusses four pre-conditions of"knowing", that are proved extremely difficult circumstances can be presumed, based on objective facts must be proved, objective facts and"cognition"association of the content, evidence to the contrary and reason the actor didn't put forward can not be established.
Keywords/Search Tags:Criminal intent, Cognition, Constitution of crime, Reasonable identify, Presumed
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