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Crime Intentionally Know Factors Research

Posted on:2013-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:L F YanFull Text:PDF
GTID:2246330374460126Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Criminal law concept know factors and the willingness of the organic unity is the crime intentionally. Know factor is the foundation of deliberate crime, to understand the factors of correct understanding of deliberate crime to establish the system of theory plays a key role.The first part describes the common law, civil law know the meaning of the factors, points out in our country criminal law the cognitive elements the problem: one is the "knowledge" which should include what,2it is sex know whether is the degree to know one of the elements, judge understanding what is the standard. This paper argues that any crime psychology is known factors and will the unity of the factors, and the knowledge of the factors and the will of the permutation and combination factors constitute the different forms of intentionally mode that our country crime intentionally know basic structure factors include the fact itself the understanding and the fact that two standard two aspects of knowledge.The second part pointed out that person must recognize that all of the objective properties constitutions elements, including identity elements of the main body of the behavior, behavior object, behavior, the behavior of the special circumstances (time, place, means), and the outcome of behavior, causal relationships. Value judgment of constitutive requirements of regulating elements is also an objective elements constitutive requirements, should be known object. The consequential offence heavy results because do not have constitutive requirements of quality, do not belong to the scope of the corresponding cognitive necessary.The third part mainly discussed the meaning of knowledge deliberate crime, think degree is one of the major factors of sexual knowledge understanding, because degree sexual know for distinguish crime and is not a crime to provide the legal standard. Also, for the degree of understanding the standard, the necessity of Anglo-American law system, and said, the results must inevitability, and said, the results probability said; Germany and Japan, have specific criminal law with said, abstract and legal meet with said. This paper argues that in accord with the basis of legal said, constitutive requirements within the scope of the degree, does not require behavior person to realize his own behavior inevitable result of harm to society, just know to possible degree is enough.The fourth part is the study of the deliberate crime should know. The author in the know factors shall include the factual knowledge content, under the premise of the connotation of illegality expounds on the understanding that consciousness of social damage due to their own do not conform to the criminal law the value orientation of tolerance, against the subjective and objective are unified principle, the lack of specific regulatory standards, not crime intentionally factual understanding to the standardization of evaluation standard, it should be the illegality know content.
Keywords/Search Tags:know, factors Factual understanding, Normative evaluationUnderstanding, Should know
PDF Full Text Request
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