On Absichtsdelikte In China's Criminal Law

Absichtsdelikte is an important type of crime in the criminal law,the absicht of absichtsdelikte is one of the subjective elements of crime.The absichtsdelikte not only affects conviction,but also sentencing.In addition,there are many provisions on the absichtsdelikte in the specific provisions of our criminal law.Therefore,the study of the absichtsdelikte theory is of great significance to our criminal law theory and judicial practice.Absichtsdelikte theory originated in Germany,which with our crime theory system differences,but in the present research,scholars have less of Germany and Japan and China's two kinds of different crime theory system to make comparative analysis.Based on the differences between German and Japanese three-class crime theory system and China's four-element crime theory system,this paper makes an in-depth discussion on the application of the absichtsdelikte in China's criminal law on the basis of drawing lessons from the theoretical research results of German and Japanese intent crime.This paper consists of five parts.The first part deals with the theoretical characterization of absichtsdelikte.There is no need to distinguish the absicht from the motive of the crime.In addition,the absicht is different from the content of the intent of the crime.It belongs to the subjective elements other than the intent of the crime,and the absicht can only exist in the direct intent.The second part discusses the classification of absichtsdelikte.The traditional classification of criminal law of absichtsdelikte in our country divides it into statutory absichtsdelikte and non-statutory absichtsdelikte.German and Japanese criminal law usually divides the purpose crime into kupierte Erfolgsdelikte and unvollkomme zweiaktigen Delikten.There is an intersection between the two classifications.The analysis and comparison of the two classifications can better promote the study of intent crime under the four-element crime theory system in our country.The third part,based on the first two parts,discusses the standard of accomplishment of absichtsdelikte.There are structural differences between the kupierte Erfolgsdelikte and unvollkomme zweiaktigen Delikten,so the accomplished standards of the two kinds of absichtsdeliktes are discussed separately.Among the discontinued kupierte Erfolgsdelikte,the crime of possessive property and the crime of duty are mainly discussed.Among them,the crime of possessive property should be accomplished according to the theory of "out of control",and the crime of duty should be accomplished according to the theory of"control";the accomplished standard of the unvollkomme zweiaktigen Delikten should be accomplished only if the actor carries out the corresponding objective act for a specific purpose,and when the harmful act is completed.The crime has been accomplished.The fourth part discusses the joint crime of absichtsdelikte.According to the different connections between the co-offenders,they should be identified separately.The fifth part discusses the perfection direction of the absichtsdelikte in the criminal law of our country.At present,the most important problem in the criminal law of our country is that the legislation clearly stipulates which absichtsdelikte need criminal law and which need not be explicitly stipulated in criminal law.The absicht of influencing whether the harmful act of the actor infringes on the corresponding criminal object can not be explicitly stipulated in the criminal law,but the absicht of influencing the subjective malignancy of the actor should be explicitly stipulated in the criminal law.