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Study On Factor Analysis Model In Criminal Intent Psychology Of Our County

Posted on:2019-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q LinFull Text:PDF
GTID:2416330548951650Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In the criminal intent theory,the complicated guilty mind problem is an unavoldable difficult problem.It is a intertwined phenomenon of deliberate mind and delinquent mind in the process of sin judgement,bringing about the unprecedented chaos for judging the crime of special charge and specific conditions and even for judging the crime or not,which is a key and difficult point of criminal intent theory all the time.In recent years,the complicated guilty mind phenomenon has taken on the state of cluster outbreak,besides,new problems emerge in endlessly,making juridical pracice unprerared.“ The Corn Case”,“the Frragrant Thoroughwort Case” and the earlier “Expensive Grapes Case”,each time these controversial cases have appeared,which would tigger the awkward situation of “ temporary theoretical reconstruction” on the academic circle and “ the symbolic judgement reflection” on the practice field.Therefore,the unit element of a crime should be disscussed meticulously and deeply,in order to search for the basic applicable principles of criminal intent judgement and set up a good platform where uniformity and flexibility are mutually compatible through factor analysis model in the course of judging the crime.The thesis is nearly five hundred words,including three parts,which mainly talk about general situation of the complicated mind problem,the concept justification and system construction of the criminal intent factor analysis model,the judicial practice applcircumstance crime,the complcatedication of the crimiinal intent factor analysis model.The details are as follows:The first part,an overview on the criminal judgement problem of the complicated guilt mind phemomenon.This part deals with three aspects in the common complicated guilty mind types,the dilemma that the traditional intentional theory disposes the complicated guilty mind problems,the plight that the evolution results of the mainstream intentioal theory manages the cmplicated guilty mind problems.The complicated guilty mind is defined as seven samples: the complicated guilty mind of non concurrent guilty mind,the complicated guilty mind of basic guilty mind coexistence,the complicated guilty mind of aggravated guilty mind coexistence,the complicated guilty mind of complex crimes,the complicated guilty iminal iminal mind of amount crime and circumstance crime,the complicated guilty mind of The Theory of Wrongful Punishment in the theory of specific factual wrongfulness,thecomplicated gulty mind of expectant strict responsibility.The evolutio results of thetraditional intentional theoryand the main stream intentional theory:the theory of compound guilty mind,the theoryof full awareness,the theory of over objective factor,the theory of criminal quota factors,the theory of primary guilty mind and so on,all of which can't do properly with the criminal judgement problems of the seven complicated guilty mind.The second part,the concept justification and system construction of the criminal intent factor analysis model.The part is the main content of the thesis,which aims at discussing four aspects,including the proposal of the conception,theory justification,reality justificaton and system construction of the criminal intent factor analysis model.The analysis model originating from anglo-american law system has huge potential to settle the complicated guilty mind problems,which is practical to blendin the criminal intent theory of our country.Adopting the thinking model of the factor analysis,the word “result” that the article 14 of our countyr's penal law employs will be defined as the legal interest infringment result,so the behavior elements including the legal interest infringment result and purely objective behavior is only necessayr analysis factor to judge the criminal intent.The system construction of the criminal intent factor analysis model are completed by the behavior element as the fact side and the essential illegal element as the value side.The third part,the judicial practice application of criminal intent factor analysis model.The part discusses around the three aspects: the establishment of the systematized and typed logical thought,the application of the difference element analysis method,the basal meaning's reiteration of the substantial illegality factors and so on.It is necessary to live up to the three ponts in the course of judicial practice: firstly,grasping the location of the concept“result” in the systematic thinking and being aware of the decisive meaning of the behavior type in the process of conviction;secondly,being able to explain at random the situation element that makes up the behavior element's base unit and clear out the conviction standard of behavior decisions overlap,that is,applying theprinciple ofadaptation to crime to guide the selection of a felony.Finally,mastering the management principle of the defense of the lack of substantive violation of law cognition,connecting the criminal intent with the criminal negligence by the substantive violation oflaw cognition and eliminating the hidden boundaries between the two.The criminal intent factor analysis model is a effictive approach to solve the complicated guilty mind problems,meanwhile,which is of great signifance in maintaining the overall aspect of the criminal intent theory,providing an opportunity of the value transformation foroptimizing our country's criminal intent theory system.Nevertheless,it is obligatory for the research on the criminal intent factor analysis model to base on our country's norms of criminal law and the juridical practice,besides,the overall structure of the criminal intent factor analysis model should be shaped in a realistic manner.
Keywords/Search Tags:Criminal Intent, Factor Analysis, the Result Difference, Fuzzy Recognition, the Substantive Violation of Law Cognition
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