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Study On The Issue Of The Cognition Factor Of The Criminal Intention

Posted on:2014-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:D W LengFull Text:PDF
GTID:2256330392971466Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The criminal intention includes two parts: cognition factor and will factor.As akind of mental attitude,the criminal intention is the core of the intentional crime. Nomatter in the criminal law of the mainland legal system countries or the criminal law ofthe common law countries, criminal intention is the necessary element of intentionalcrime. In the constitution of the criminal intention, the cognition factor is undoubtedlylocated in a more foundational position,and it also refers to “knowledge” in the criminallaw in our country. As we all know,only “knowledge” can you commit the crime onpurpose. So through the research of cognition factor,we can get a deep understanding incriminal intention, and it is of great significance for the development of the theory ofcriminal law.Meanwhile, it can also offer some valuable ideas to criminal judicialpractice in the cognizance,understanding and application of the criminal intention,andprovide better service for the construction of socialist legal system in our country.There are30000words in the full text,which is divided into four parts:The first part is the overview of cognition factor of the criminal intention, mainlydiscussing the criminal intention and the connotation, content, status and function of thecognition factor. In this part, it also emphasizes several problems of the cognitionfactor-“knowledge”, including the meaning of the knowledge, the correct understandingof the knowledge in essence and the correct understanding of the knowledge in thegeneral provision and specific provision of the criminal law.The second part is the content of the cognition factors, including the cognition ofthe facts of the criminal constitutive requirements and the cognition of the socialharmfulness. The former includes the understanding of the nature of behavior, thebehavior object, the harm results, the behavioral development process, the behavioralagent, the specific time, place, ways and means. In the part of the cognition of socialharmfulness, the author thinks that the cognition of the social harmfulness in China’scriminal law is consistent with the cognition of illegality in the continental law system.This part also discusses the position, form and the method of identification of thecognition of the social harmfulness.The third part is the cognition error of the criminal intention. Corresponding to thesecond part of the content of the cognition factor, this part discusses the influence of cognition error in the crime identification from the aspects of the fact cognitional errorand the social harmfulness cognitional error.The fourth part is the extent of the cognition factor of the criminal intention, whichmainly includes:1.the extent of cognition, which refers to the degree of coincidencebetween content of the actor’s cognition and the actual facts;2.the cognition of extent,which refers to the actor’s cognition towards the possibility of harmful result, and it alsorefers to how to understand the "can" in the article14in criminal law.The paper is based on the criminal law theory, and it is involved in relevantknowledges in nomology,psychology and other subjects. In the aspect of the researchmethods, the paper mainly adopts following methods: the theoretical analysis method,the comparison analysis method, the case analysis method, the historical analysismethod and so on.
Keywords/Search Tags:Criminal intention, Cognition factor, Knowledge, Cognition error, Extent
PDF Full Text Request
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