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Proof Of Indirect Intent In Criminal Offense

Posted on:2019-12-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2416330596463508Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
China's criminal law divides the criminal intention into direct intentional and indirect intentions.As the subjective element of crime,indirect intent plays an important role in the constitution of crime and is of great significance to conviction and sentencing.In modern society,The important position of indirect intention is not questioned,but the most important dilemma in judicial practice is how to accurately determine the subjective indirect intention in the process of behavior.The characteristics of indirect deliberate determine the difficulty of its proof.Indirect intent is indispensable to the determination of crime,but since indirect deliberate itself is the subjective psychological activity of the perpetrator,it is difficult to prove it.Therefore,it is of great significance to study how to overcome the difficulty of indirect intentional proof.At present,the way of indirect deliberate proof is mainly through evidence and presumption.However,the uncertainty of the presumption conclusion is caused by the difficulty of obtaining the behavioral population and the certain limitations of the presumption.Therefore,the article solve the problem of indirect intentional proving from these two perspectives.The first is to comprehensively apply the system and policies,such as the reasoning system of judgment documents and the lenient system of confession and punishment to encourage the defendant to make an effective confession;the second is to strengthen the collection of objective factual evidence and attach importance to the role of indirect evidence in proof.At the same time,with the help of judicial big data technology,the problem of indirect intentional proof can be solved.Therefore,it provides more feasible ideas and methods for the proof of indirect intention in judicial practice.
Keywords/Search Tags:Indirect intention, Indulge, Indirect evidence, Presumption
PDF Full Text Request
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