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Crime Intention

Posted on:2017-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:L L GanFull Text:PDF
GTID:2296330488965164Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Deliberate is an element of the crime of intentional element.It consists ofunderstanding and will two aspects. Intention is the key to understanding not only determine whether they have the elements, the elements will also determine whether the premise. According to the specification on the responsibility,the core of crime is illegality and the responsibility.The Objective element of illegality is intentional object of knowledge.Therefore,crime intention mean to actors recognize their behavior as a result, the body and the law negates the subject does not exist. While countries criminal law provides crime Intention, but abstract legal norms determine the interpretation of its diversity and complexity. Since the causal relationship is not the objective Elements, the understanding error still constitute intentional, it does not belong to the category of intentional. Since the objective of the punishment does not belong to the subject of illegal objective elements, it is not a crime intentionally acquaintance. Elements of the constituent elements of criminal law, both narrative elements, as well as specifications. So, it is one element of crime Intention. Its judgment, to the general evaluation criteria for judging people. Illegal might know is the recognized legal norms. In essence, it unlikes the Criminal Intention. Therefore it is not within the scope of Intention. But the possibility of illegal cognition, determine whether the perpetrator of the criminal law has the possibility of censure. According to the specification liability theory, it is an intentional crime and criminal negligence shared responsibility elements. Thus placing it more reasonable liability class as a separate element.
Keywords/Search Tags:Objective unscrupulous elements, Normative Theory, Mistakes, The legal interest Infraction
PDF Full Text Request
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