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Research On Knowing Of Intentional Crime

Posted on:2017-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:W M WangFull Text:PDF
GTID:2296330485983782Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
"Knowing" for the purpose of crime, as we eat before the first pick up chopsticks, is a prerequisite, is the first thing to think of. Why do you want to put it in such an important position? Because now there are a lot of intentional crime cases in the practice of criminal law, but it is because the perpetrator acts on his own cognition is not clear, so that judicial organs broken brains. Then this article is on the basis of this, through access to information, reading periodicals and other means, to know the problem of intentional crime in the interpretation of the analysis. How to explain it more reasonable to explain it? Author racking their brains. Finally, the four part of the paper completed the writing of this paper. Before saying that the content of the paper, I would like to mention the knowledge of the criminal law in the theory of the location of the world, how should we say it? It is very important, but there are too many points of view on some points of view, which makes the theoretical circles always argue about it. But knowing that in the criminal law general provisions and specific provisions still have a certain stability, even if there is a dispute, but also a unified standard. This is also the judicial practice in some cases become not so difficult.This article is divided into four parts, namely, the ontology of knowing the problem, knowing the relationship theory, knowing that the problem of the identification and the problem of knowing. The author’s focus is on knowing the ontology research and knowing that the. The two part basically covers all the problems of intentional crime. First knowing that the essence of the research is divided into four large sections, respectively, knowing the connotation, content knowledge, knowledge classification and knowledge of the standard, these are top priority of knowing, not on the thorough analysis, is not a knowing the essence of, not to mention to in-depth analysis of the. While the third part of the article is to identify the problem, in this issue, the author also points out the four sections to discuss, respectively, is the judicial proof, the judicial presumption, the resistance is the cause and responsibility. The third part of the priority is the judicial presumption, so the judicial presumption and detailed, divided into the presumption of the concept of presumption of the legislative status quo, the presumption of constitutive elements, the scope of the presumption. From this four points to the analysis of the judicial presumption of knowing that there is a certain reason. Because these four aspects almost contain all the contents of the presumption, from the basic concept, to the legislative status, and then to constitute the elements, the final scope of the limited. This was originally a large legal nouns to form the structural condition can now be used in knowing that a presumption, which not only can see presumption of knowing the importance of, can see clearly in the criminal law important.The second part and the fourth part actually is important, but compared to the first part and the third part, they prefer to the extension of the problem, especially in the second part, knowing the relationship theory, basic it is to explore the relationship between knowing and many laws. The fourth part is through the first three parts of the analysis and discussion, combined with the specific examples to analyze, which not only increases the overall article, but also the combination of theory and practice. Because all the legal theory should be confirmed in practice, and the new problems found in practice will be discussed again in theory.
Keywords/Search Tags:Knowing, connotation, prove, presumption
PDF Full Text Request
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