The Theory Of Crime Intentionally Knowing In Chinese Criminal Law

Knowing is a special concept, describing the understanding factor in Intentional crime. Knowing is the premise of deliberate crime. Study amount of knowledge about knowing is the basic of criminal law research, knowing is located in an important position in the system of criminal law. Learning the theory of knowing is not only benefit for learning criminal law, but also can solve the difficult problem in judicial practice. When a person commit crime, whether he has conscious of criminal behavior or not, determine the establishment of crime. Actor’s behavior is the subjective state of mind, the defendant without conscious means no crime. Getting clear with content of knowing is very necessary.Knowing is specified in the People’s Republic of China Criminal Law, but there is no detail describe in this code. Study knowing should be based on the present situation of our country. In this thesis, we interpret the meaning of knowing, make classification and study the content, agree the fundamental position of intentional crime in our country. Knowing has strong personal subjective, interpretation of knowing, in fact is the analysis of the subjective psychological behavior. So, determining the offender has knowing or not is a difficult problem of the judiciary. We do the search based on the theory of criminal jurisprudence, and involve provisions of the procedural law in this thesis.Knowing is the premise of deliberate crime. Make a decision with knowing can make distinction between one crime and other crime. Learning the theory of knowing also can make guiding significance to solve the case of judicial practice.