Study On "Knowledge" In Criminal Law

In our country penal code, the significant characteristic of the factor of the crime intention is "knowing perfectly well". Whether the actor has the "knowing" is decisive for the distinction between the crime and the crime, so the study of the "knowing" is of great significance. However, in the theory and practice of criminal law, the meaning of "knowing", content, degree and identified are there is a great deal of controversy, especially in the "specific knowledge" of the criminal law. These problems become more difficult. This paper attempts to conduct the thorough research to the problem of "knowing", the more confusing problems to sort out, to have helped to unify the problems of "knowing" understanding and facilitate to the judicial practice of "knowing" reasonable identification.This article from the "knowing" the concept of speaking, and it and the criminal code and judicial interpretation of "may know", "should know" the concept of discrimination.That the "knowing" includes two kinds of circumstances, that is, know clearly and may know.And the judicial and theoretical circles on the "should know" is quite confusing, it is actually the judicial personnel on the understanding of the situation, its true meaning is presumed to know.Subsequently, through the introduction of the three kinds of theory of intentional crime, the author believes that as the understanding of the "knowing", in the foundation of intentional crime.The recent theory of risk society, then further will identify the focus shifted to the understanding of factors above.In the "knowing" the content of knowledge, mainly including the constitutive elements of the factual understanding and evaluation of knowledge. There is a huge difference between the academic circle and the understanding of the law of the evaluation of the cognition of the evaluation. In this paper, combined with the reality of our country, the final adoption of social harmfulness.In the view of social harmfulness, this article mainly explains the nature and legal crime, and the social harmfulness of statutory crime should be divided into the general standard and the industry standard according to the different situation.For the "knowing" standard, legislation and practice in line with the legal agreement that says reasonable.In the "knowing" the degree of knowledge, the author mainly demonstrated in the indirect intention, the results of whether the occurrence of awareness, not only including the possibility of knowledge, but also can be a necessity.For the relationship between the general principles of criminal law "knowingly" and the specific provisions of "knowing", distinguished from the earliest not and development to now the essence of the distinction.In the last part of the article introduces the presumptive identification method of the facts of the case, and that with presumed existence has necessity and rationality. At the same time because of the presumed itself can not overcome the defects, also need to we formulate corresponding rules to restrict the presumption applicable.