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The Cognizance Of The Theory Of Crime Subjective Aspect

Posted on:2013-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:Z NieFull Text:PDF
GTID:2246330395450115Subject:Law
Abstract/Summary:PDF Full Text Request
Subjective aspects of crime,"criminal" provisions of the composition of various criminal elements essential for the criminal law of these crimes, the perpetrator only in the subjective intent or negligence there is a sin that is, in some cases also requires a certain purpose, in order to constitute a crime, it should be criminal liabilities. In the end how to identify the perpetrator of the crime, the subjective dimensions? My experience is:determined by the subjective and objective. From a psychological perspective, people’s behavior by its ideological hegemony, behavior is its inner meaning of concrete, so we passed a man outside a specific behavior (including language, behavior, etc.), is that he can be analyzed. This acts to make some sense of inner factors.In this paper, the theory and practice of the subjective aspect of crime problems, the focus of debate and difficulties will be analyzed and discussed in four parts:Part one will comprehensively review all elements of the subjective aspect of crime, and analyze their concepts, classifications, theories and judicial attitudes from various legal systems of countries, to pave the way for the below presentation about the subjective aspect of crime’s identification. Part two will discuss some confusing, difficult to identified specific elements of the subjective aspect of crime, and present my own opinions on some controversial issues of theoretical circles. Part three will introduce my own experiences about how to indentify form of sin, on the basis of the previous theoretical analysis. This method follows the thought of objective aspect identifying subjective aspect and starts from the aware factors of actors, to analyze and eliminate one by one, and finally affirms the subjective sin of actors. Part four will use the previously identified ideas to analyze several typical cases selected.
Keywords/Search Tags:Subjective aspect, Purpose, Deliberate, Negligence, Trespass
PDF Full Text Request
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