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The Judicial Determination Of Indirect Intent And Overconfident Negligence

Posted on:2017-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:Q R LiuFull Text:PDF
GTID:2296330485981968Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal judicial determination is the criminal proceedings of court finds making criminal judgments based on facts of the crime, including the identifications of the subject of crime, the object of crime, the subjective aspect of crime and the objective aspect of crime. In our criminal justice practice, the four determination procedures are intertwined. Subjective aspect of crime is the perpetrator inner mental activity of the person under suspicion, so the determination of the subjective aspects of crime becomes the difficult problems of criminal justice practice. Indirect intent and overconfident negligence is the most difficult and confusing forms in the subjective aspect of crime The judicial determination of indirect intent and overconfident negligence is the most difficult and complex part. Ways and Means of judicial determination about indirect intent and overconfident negligence is very important for the crime determination of subjective aspect of crime.Basis on the legal analysis about the indirect intent and overconfident negligence, indicating the importance of indirect intent and overconfident negligence, present the concept of "intermediate facts" and "circumstantial evidence",then revolves around the "intermediate facts" and "circumstantial evidence" to indicate the path and methods of judicial determination about indirect intent about overconfident negligence. Articles focus on "the judicial determination of indirect intent and overconfident negligence".The article is divided into four parts:In the first part, beginning from a case of intentional homicide, indicating the question of indirect intent and overconfident negligence,then questioning the judgment of the court. In the second part, the legal analysis including the nature and constituent elements of indirect intent and overconfident negligence, and the difference between the two conversions. In the third part, describes the meaning and significance of judicial determination about the indirect intent and overconfident negligence. then,put forward the concept of the "intermediate facts" and "circumstantial evidence", finally makes a preliminary exploration of judicial determination about the indirect intent and overconfident negligence.In the fourth and final part of this article, settled in the case cited in part 1, makes a discussion on the path and the method of judicial determination about indirect intent and overconfident negligence,. Finally, illustrate the different opinions about the case.
Keywords/Search Tags:indirect intent, overconfident negligence, judicial determination, intermediate facts, circumstantial evidence
PDF Full Text Request
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