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Study On The Cognition Factor Of Joint Intention

Posted on:2018-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:X T JinFull Text:PDF
GTID:2346330515969928Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Common criminal intentas a special form of crime intention,is not a simple combination of a single crime intention,although the theory is based on separate study deliberately in the common crime,more complexity and deeper research significance.From the form it has a doublecognition factor and double will factor,Joint-crime in implementing the joint crime,not only recognize their own behavior and control,and have awareness and control of the whole joint crime.Factors of understanding in the common crime in Anglo-American law system and continental law system have involved,formed a lot of different theories,but controversial point is inseparable from the understanding of common crime specific elements of the discussion.So first of all from the facts and legal know two aspects to be studied,and then deliberately degree of awareness of the problem,to what degree can say do the specific knowledge,the last is the problem of error conditions in joint-crime know processing.About the emphasis of common intentional should be placed on the common factors that contains both understanding of the factors,such as actor relevant factual knowledge and understanding of the illegality.Inaddition to the nature of the common behavior person behavior,the behavior of the object and the result of behavior also need to realize.About the fact that the Knowledge of facts,consequential offence appear necessity or possibility need to recognize.and conduct crime for joint doers behavior in there are necessity and possibility aiso to realize.In terms of illegality cognition,joint doers need toknow himself and the others exist illegality cognition,And the joint crime is likely due to the mistake of one of them affect other common perpetrators of criminal responsibility.This is a very different treatment and deliberately mistakes conclusion.
Keywords/Search Tags:cognition factors, factual cognition, illegalcognition, cognition mistake
PDF Full Text Request
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