The Theorical Interpretation On The Phenomenon Of "the Same Offense,Two Kinds Of Faults"

After the revised Criminal Law of China enacted in1997, the criminal law fieldhas carried out large-scale annotation of the new Penal Code craze. However, in thecourse of interpretation about the mental faults of crimes in new criminal law,academics found that the mental faults of some crimes in the new criminal law, all thescholars at an end, and thus unable to reach a unified understanding. Lost Firearms donot report crimes, for example, some people think the mental fault of the Crime isintention, it was considered to be a fault, and still others believe that the mental faultof Crime can be either indirect intention or fault. The scholars are the result of themental fault of the same offense divergent views, on the one hand because of thescholars on the basic facts of the evaluation of the mental fault in dispute; However,more importantly, there are two different understanding in academic mental faulttheory. A view to adhere to the mainstream view of the current mental fault theory"There are only one kind of mental fault in the same crime which subject to the samearticle", and thus that the mental fault of a specific crime or for intentional or fornegligent, and can not include both intentional and negligent together; Another viewon the basis of " a specific crime have one kind of mental fault”, and further that" themental fault of the same offense can also includes the intentional and negligent ". Thebirth of compound fault theory is under the guidance of the latter view, the basis ofthe legislative practice “the same offense, both kinds of mental faults "legalphenomenon which has great impact. compound fault theory, scholars also haveintense debate, there are someone in favor of this theory,but who have questioned arealso not unusual. These arguments show that our mental fault theory is notsatisfactory, it has room for improvement. Of practical difficulties faced by ourmental fault theory—the current mental fault can not reasonably explain thelegislation,"the same offense, two kinds of mental fault" and then the phenomenon oflaw as a starting point to demonstrate current mental fault theory in China is stillinadequate. And further analysis of the formal theory of the phenomenon of thelegislation for the interpretation of the target compound fault, and pointed out itsinherent flaws and shortcomings, so that can not afford the burden of giving areasonable interpretation about “the same offense, two kinds of mental fault"phenomenon. Finally, by systematic elaborate theory about selected fault whichproposed interpretation by the author, pointing out the reasonable path and methodwhich could interpret the “the same offense, two kinds of faults” phenomenon.Specifically, the article is divided into the following sections:The first part, the dilemma of current mental fault theory, this part by anoverview of the current fault theory, and point out that it surpports the view “the sameoffense, a kind of fault". Then, lost Firearms do not report crimes, for example, toprove the existence of“the same offense, both kinds of faults", and on this basis,further pointed out that our current mental fault theory can not give the phenomenonto a reasonable explanation.The second part, the compound fault theory and its problems, in the part, firstly,the author talk about compound fault theory outlined from the perspective ofcompound fault in the form of the concept, features, epistemological base andIdeological Origins. On this basis, the author mainly from the basic aspects ofcompound fault theory and its path which interpret “the same offense, two kinds offaults” to dissect its inherent flaws and shortcomings, thereby negating the theory canreasonably explain “the same offense, two kinds of faults” phenomenon.The third part,the advocacy of the selected fault,in this section, the author give acomprehensive systematic elaboration about selected fault theory outlined from theperspective of selected fault in the form of the concept, features, logical location,significance and the theory and our current penal system running, etc.And point outselected fault can be a reasonable explanation of the Criminal Law,"the sameoffense, two kinds of faults" phenomenon.