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Research On The Illegality Of The Target Elements

Posted on:2019-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:X K YeFull Text:PDF
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This article starts from the point of view of the illegality of the purpose factor and conducts a systematic argumentation on the concept,nature,function,recognition and application of the purpose factor.What is different from the usual article is that this article is based on the background of the controversy between the German-Japanese criminal theory of illegal and responsible crime structure,Erfolgsunwert and Handlungsunwert.It is well known that when the illegal and liability levels are used as the crime theory system,it is unavoidable that what constitutes a crime constitutes an element of illegality,and what kind of element belongs to the issue of liability elements.The question of which class the elements constituting the crime belongs to is actually a question of the views of the illegal class and the responsible class,and even fundamentally speaking,it is the question of the views of the illegal class,that is,the question of judging the nature and standards of the illegality.Differences in the judgment of the nature and standards of violations are different,resulting in two theoretical theories of Handlungsunwert theory and Erfolgsunwert theory.Firstly,after fully expounding the malpractice of Handlungsunwert theory,this article chooses to use Erfolgsunwert theory as the basis and logical premise of this article.Not only that,this article compares the disparate views of the different result non-valuers on the subjective elements of illegality,and then chooses a "relatively mild" Erfolgsunwert theory.This article presupposes the theoretical proposition that the purpose element is a subjective element of illegality and that this theory does not contradict the unproductive position of the results claimed in this article.This article points out that both the intentional and unwritten guilty of a written affair must be combined with the principle that the target element belongs to the illegal elements and the principle of legal infringement,and the objective guilt cannot be identified by empirical facts.Because of the existence of unwritten crimes,it is necessary to be more cautious in the identification of unwritten articles.It is necessary to use legal protection as a guiding ideology to analyze the legal provisions of unwritten criminals.At the same time,the same applies to the use of elements of purpose.For severed offenders,since the offense results in an accomplice that needs to include a special set of conditions for the purpose of the target element,the determination of its accomplices is not the same as the conditions for establishing a common crime.For a short-settled two-behavior offender,not only the criteria for judging its accomplice need to be determined in conjunction with the purpose element,but also because there may be two acts in one crime,the judging of its number of crimes is also related to the crime of general crimes.The number of judgment criteria is not the same.Therefore,for the two behavior offenders who are severed and short-circuited,it is of practical significance to discuss the issue of crimes and accomplices separately by combining their own particularities.
Keywords/Search Tags:The purpose of the element, Purpose of crime, Erfolgsunwert, Subjective Elements of illegality, Subjective beyond the elements
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