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Review Again On The Status Of The Criminal Law Crime Motive

Posted on:2014-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:X J LiangFull Text:PDF
GTID:2256330401975491Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The criminal motive is one crime aspects, not only help determine the crime by the condemnation ofthe presence or absence of size, as well as the perpetrator of Dangerousness and transformation of thepossibility to study the motive for the crime, but also contribute to crime the perpetrator accurate convictionand sentencing. However, the concept on the criminal motive is defined, the relationship of the criminalmotive and the criminal purpose, the presence of the criminal motive, the reasonable criminal law status ofthe criminal motive and so these problems, there is considerable controversy in the scientific community isstill. In our country, it is regret that criminal motive has not been taken seriously whether in criminal lawtheory or legislative, or judicial practice till now. So, we should strengthen study the criminal motive,because the criminal motive is a crime behind deep-seated internal motivation, Only by understanding thecauses of crime by criminal behavior, we can be accurately to the conviction and sentencing. In fact, afterthe commission of the crime, what the people most concerned about is the criminal motive. the criminalmotive is significant in judge the subjective vicious, so we should re-examine the reasonable motive for thecrime in the Criminal Law. In addition, studying criminal motive is propitious to master the essence ofcrime, to really achieve the purpose of punishment, to exert all the functions of the Penal Code.In order to have a comprehensive knowledge of criminal motive, the author analyzes the relevanttheoretical and practical issues of the criminal motive in the point of criminal law. This paper starts withthe concept of the criminal motive, analyzes the criminal law value of the criminal motive, and combinesthe relevant motive theories in criminal theory, legislative, and judicial practice home and abroad, finallybrings the view that we should establish the criminal rules in the Penal Code. In the course of the research,with adopting document research method, this paper collects and makes use of theories from home andabroad, legislation, and judicial practice information about criminal motive. The main body of this paperincludes the following components:The first part, the criminal law concept of criminal motive, introduces a different understanding of thecriminal law concept of the criminal motive and a critical analysis of this different understanding, at thesame time, to distinguish between related concepts: the relationship of the criminal motive and the criminal purpose, the presence of the criminal motive, the difference between the criminal motive and the criminalintent. After all, criminal law, psychology and criminal psychology are different subjects, Criminal Lawgrasps the criminal motive should reflect their own theory of value orientation. Defined the criminal motiveis not necessary to bundled with a criminal purpose, and there is no need to limit the criminal motive.The second part discusses the crime criminal law value of the criminal motive, mainly includes twoaspects: the value of the criminal motive to conviction and the value of the criminal motive to sentence.The criminal motive of conviction value mainly manifests in the criminal motive is a necessary conditionfor some crime as well as to the accurate conviction of some unfinished crime. The criminal motive ofsentencing value mainly discusses the theoretical basis for sentencing the motive and how to affect themeasurement of penalty.The third part, is mainly to discusses the criminal motivation of foreign theories, legislation, judicialpractice and introduces about the crime motive, attitude and practice in China.The fourth part, re-examines the criminal law status of the criminal motive in our country. To givepersonal advice of establishing reasonable position of the criminal motive based on introducing andanalyzing representative points of view on the criminal motive status, that is make the criminal motive asselective of crime structure, definitude the criminal motives as statutory sentencing circumstances inlegislation.
Keywords/Search Tags:Criminal motive, Criminal purpose, Conviction and sentencing, Constituent elements, Discretionary circumstance
PDF Full Text Request
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