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Study On The Cognition Factor Of Criminal Intent

Posted on:2014-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y N LaiFull Text:PDF
GTID:2256330401486047Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Cognition factor of criminal intent-"knowledge",as the concept of the criminal law. The content of the psychological structure and cognizance of the judicial practice of "knowingly" is considered as an important topic in the long-term study of the theory of criminal law. The cognition factor play an important role in criminal intent, even in the whole system of constitution of crimes. The state of knowledge of the perpetrator which determine the establishment of criminal intent directly and the development of cognition factor theory will have a significant impact on the whole system of constitution of crimes also. The cognitive activities is a psychological activity of human which shows the features of hidden and complexity. Therefore, the in-depth study of the cognition factor from criminal intent is very meaningful. The author, made a deep analysis on cognition factor of criminal intent through comparative study, case analysis and other research methods. This paper is divided into four parts:The first part, the analysis of criminal intent theory, include "vorstellungstheorie","villenstheorie","einwilligungstheorie"and"probabi-lity",no matter what kind of theory, they all approve the basic important position of cognition factor in criminal intent. The analysis of system of constitution of crimes, cognition factor play an important role in the system.The second part, analysis of cognition factor-the problem of how to define "knowledge", theorists opinions vary,"knowledge" include "should know" or not, if so, what kind of problems will appear on legislation. Author back to nature of cognitive process, analysis this topic deeply with the issue of judicial practice. Author said:"knowledge", means a state which the perpetrator have a subjective understanding to objective crime reality, such a state can be proved by existing fact or presumption of fact.The third part, firstly, the author analysis the elements from the constitutive elements of a crime is whether necessary content of "knowledge", the author said:the subject of crime, the subjective aspect of crime and criminal object are not the necessary content of "knowledge". And then, by analyzing content of the subjective aspect of crime from "knowledge", finally, the author confirmed that illegal cognition is content of "knowledge".The forth part, the author investigated the confirmation of "knowledge" state of perpetrator,the effect of will factor and establishment of crime under the cognition mistake.
Keywords/Search Tags:criminal intent, cognition factor, knowledge, cognition mistake
PDF Full Text Request
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