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Intention In Law

Posted on:2015-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2266330428998453Subject:Law
Abstract/Summary:PDF Full Text Request
From misunderstanding to choose, from design to reflect, every step is very difficult.Intention in law,it is a potential problem with priority, it is both a theory and practice problem.This paper is divided into three main departments to discuss what is intention, how todetermine intention and the significance of the intention in law.What is intention? It is a psychological process which refers to the intention someonewant to achieve his purpose. The author think the essence of intention, is the difference ofknowing any faults and Not intentional. We have to distinguish intention and "desire", desireis expected to realize the idea of heart. In the criminal,intention is not equal to the grossnegligence; In the civil law, gross negligence is a form of fault between intent and negligence.Intention has its own judgment standard, it is a typed structure, including psychologicalstructure and value structure. Psychological structure is also include the understanding and thewill. Value structure is mainly involve the problem of expected possibility (predictability). Theauthor thinks that the components of the illegality cognition is a deliberate crime, rather thanset up the constitutive requirements of torts, but if lack of knowledge of illegality the offendercan blame sexual weak point. The author think judging the common crime in the criminal lawshall cncern three pionts:one is the understanding,the scond is and the third is the meaning.theestablishment of joint tort in civil law does not require the offender to intentionally subjective.Intention occupys a very important position in the theory of three classes. Intention alsohas of great significance to tort law.
Keywords/Search Tags:concept of intention, judgment standard of udgment, significance
PDF Full Text Request
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