Research On The Principles Of Dealing With Mistakes

The cases of combat error often come upinthejudicial practice.In theory,there is dispute between theory of statutory conformation and theory of concrete conformation.Represented by ZhangMing Kaischolars advocate the theory of statutory conformation,in the judicialpractice,these judicial staffs lay particularstress on the theory of statutory conformation.But below that thecases of combat errorusetheory of concrete conformation to speaking more reasonable for conviction and sentencing.First,the article start with the reactionary motivation,the criminal in the hazard behavior have formed against the motivation.In formation against the motives criminals is targeted at specific objects,to illustrate the criminals should be targeting a specific object of the crime.Then from the constitution of crime to argue,the judge ruled that behavior person deliberately mentality includes cognition factor and will factor.In accordance with the theory of statutory conformation to say that criminal'sintentional mentality factors lack the will,and It will be difficult to determined the intentional crime.The theory of concrete conformation more conform to theprinciple of criminal liability and criminal policy of combining punishment with leniency.Secondly,the theory of statutory conformation has some questions forthe theory of concrete conformation.These responses are stated in the following article one by one.Thirdly the unreasonable aspects also are proposed in the article if we use the theory of statutory conformation to deal with combat error.