On The Positioning Of Subjective Elements From The Perspective Of Valuelessness

Based on the basic position of Erfolgsunwerta,Intentional and negligence do not belong to subjective elements,Inner tendency of tendency crime and Inner expression of expressive crime do not belong to subjective elements either.Intention of the crime including intention and the intention of attempt crimes belong to subjective elements.The first chapter is the logical starting point of the positioning of subjective elements.In this chapter,the connotation of subjective elements was reestablished on the basic of the analysis between the arguments of the connotation of intention and negligence.Connotation and characteristic of Intention,Inner tendency,and Inner expression was introduced.The second chapter is the theoretical argument of the positioning of subjective elements.This chapter sorts out and summarizes the positive theory and the negative theory and partial positive theory of the subjective elements from the both foreign and domestic perspectives.The third chapter is the choice of the positioning of subjective elements.After the introspection on the dilemma of dualism,this chapter analyzed the theoretical and practical advantage of Erfolgsunwerta in the positioning of subjective elements.The fourth chapter is the theoretical development of subjective elements.Based on the basic position of Erfolgsunwerta,this chapter deduced that intention and negligence do not belong to subjective elements,then deduced that Intention of the crime including intention and the intention of attempt crimes belong to subjective elements,finally,concluded that Inner tendency of tendency crime and Inner expression of expressive crime do not belong to subjective elements.