"Knowledge" In Criminal Law And Its Identification

The verification of "knowledge" is the key to determining whether a behavior is an intentional crime or not,and it is an important basis of conviction and sentencing.It has a profound impact on achieving the purpose of Criminal Law because it is a test of the ability of judicial practice and it is an important factor to affect whether criminal law theories are used correctly in the judicial practice.Therefore,it is necessary to define what "knowledge" is and grasp how to verify it so that judiciary can do conviction and sentencing properly,neither indulging criminals,nor wronging the innocent,and realize fairness and justice best.As a hot topic,"knowledge" plays a critical role in conviction and sentencing in practice,so it is of great significance to gain a clear understanding of the meaning of it and its verification methods.Due to the impact of some factors,there are still some deficiencies in the research related to "knowledge".Identification of "knowledge" needs sufficient evidences as a support,but in practice when the judicial organs identify "knowledge",they use evidences in unreasonable way.Besides,there are some limitations with the presumption of "knowledge".So the identification of "knowledge" needs improving."Knowledge" refers to knowing exactly including the objective aspect and the illegal cognition,which means the actor has specific "knowledge" of his behavior's objective side and illegal cognition.The degree of "knowledge" can be divided into two categories.The first one is that the actor realizes his or her behavior will definitely lead to some kind of result.The second one is that the actor realizes his or her behavior may cause some kind of result.Generally,the verification of "knowledge" must base on objective facts and judicial organs need sufficient evidences to affirm the fact that the actor knows exactly.However,due to the restriction of practical factors,sometimes judicial organs can not get sufficient evidences.In this case,presumption of disclosure can be used to judge subjective state of actors.Chinese identification of "knowledge" needs a further improvement.First of all,in the process of verification,judiciary organs should use evidences reasonably,not only paying highly attention to physical evidences,but also combining subjective evidences with objective ones.Secondly,judiciary organs should refine the presumption of "knowledge" and perfect its relevant regulations and apply carefully.