Research On Determinate Intent And Indeterminate Intent

The concept of “determinate intent”and “indeterminate intent” is an academicclassification which is based on the theory of cognitive doctrine of the civil lawcontries.And the academic classification takes the distinctive criteria of cognitionfactors.The goal of this study is to combs the academic classification of “determinateintent”and “indeterminate intent” systematically, thus attempting to resolve thedisputed issues of criminal law system,and to supply some new solutions for thecomplex problems in judicial activities.So this paper will drawn rational referencefrom a lot of theories.And in order to combs the academic classificationsystematically,this paper will use the methods of historical analysis, comparativestudy, theoretical analysis and practical analysis of the combination,and use theLogical structure of layers of progressive.The academic classification of “determinate intent”and “indeterminate intent”was first introduced in China in1906, since the implementation of the code of"Temporary new criminal law ", has experienced a period of prosperity, then has aslow development at the period which mixed with the “direct intent” and “indirectintent”, and then gradually separated from the legislative classification of “directintent” and “indirect intent”. However, due to the academic study of the criminalintent mainly focused on the legislative classification, making this theoreticalclassification increasingly neglected. And because of the Criminal Code clearly statedthat the "direct intent" and "indirect intent" that made this classification has becomeChina’s legal classification, making the study of criminal theories of criminal intenthas confined to the direct and indirect intentional study,and made other theoreticalcategories were mostly glossed over or just a simple introduction, resulted a seriousshortage of theories of criminal intent, which also led to some controversial issues inthe theory of criminal intent. In order to find a new breakthrough and provide uniqueperspective for the complex cases in judicial activities，and enrich our theoreticalsystem of criminal intent, to provide the basis for accurate subjective conviction andsentencing, so I have decided to undertake the study on the academic classification. There are three kinds of distinguishing criterion between the academicclassification of “determinate intent”and “indeterminate intent”, such as thedistinguishing criteria of “cognition factor”, the “will factor”and the distinguishingcriteria mixed with “cognition factor”and “will factor”. Although the distinguishingcriterion have some truth deliberately, the standard of choice should not only be basedon the characteristics of the theory of criminal intent, but also have to ensure that thetype can not be confused with the other intentional types. Because our legislation ondirect and indirect intentional classification is based on the distinguishiring criteria of“will factor”, and the integrated distinguishing criteria will bring many problems, sothe author insisted the" cognition factor" as the distinction between the theoreticalclassification.The distinguishing criteria between“determinate intent”and “indeterminateintent” mainly by “cognition factors”, and the “awareness factor” also includes thecontent and the level of awareness. And the recognizing content mainly includes thenature of violations, violations range, against the results. Although I insist the“cognition factor” as the distinguishing standard between“determinate intent”and“indeterminate intent”, I do not deny that this academic classification alsocontain“will factor”.However, due to“recognize factor”is defined as thedistinguishing standard, I believe there is no difference between the “determinateintent”and “indeterminate intent” in the” will factor”. In the case of defining the“cognition factor”as the distinguishing standard, I carried out in-depth research.First，discussed the characteristics and the classification studies of “determinateintent”and “indeterminate intent”, and then researched the disputed issues whichexisted in theory and practice,Then, I proposed some ideas and suggestions. Finally, Ihope the research can enrich the theoretical system of criminal intent,and form thesystem of criminal subjective degree of malignancy, thus achieving accurateidentification of criminal culpability.