Research On Criminal Motives

Crime motive as the intrinsic factors of crime is complex and changeable,it on the cognizance of the case and the judgment results can lead to a significant impact,but the motive of crime in the judicial practice of the value function is not taken seriously enough to use properly.At this stage to study the basic theory of crime motive view though the content is various,but focus on the problem discussed in the book are mostly written in the nineties of the last century,or focus on the analysis of the crime motive within the field of psychology.At the same time the research of the existing theoretical than practical,not combined with the concrete problems in judicial practice.According to the above problem,this paper adopted the method of literature analysis,case study and empirical study,first of all,through the relevant literature of inductive,dispute of related theory,on the basis of clear value of criminal law crime motive,further combining with the case to explore practical obstacles existing in the criminal law crime motive value problems and pitfalls,and from different level,put forward to solve the problems existing in the proposal for the crime motive between theory study and practice the construction of the bridge.Although the concept of crime motive exists controversy in theory,but all kinds of the theory of common points to the crime motive is behavior person to implement the inner causes of crime,after the comprehensive analysis of various views can be accurately defined as a commits a crime,guide and maintain the offender of a kind of inner strength.Crime motive exists not only in intentional crimes,also exists in criminal negligence.Whether human existence must according to the requirements of produce motivation,the elements of the crime motive divided into two major categories of existing type motive and sublimation type motive,type incentives exist both physical motivation,safety motivation and belonging motivation,sublimation type motive self-esteem motivation and motivation.Crime motive value throughout the criminal justice activities,has the balance of retribution and prevention,maintenance of criminal justice,rationality,realize the loyalty of the criminal law.But the practice of crime concept of understanding and knowledge of error,the criterions for the conviction of the neglect of the role of the crime motive function and in a specific trial standards on the use of the crime motive for reference and basis for the uncertain problems,such as the value of the criminal law crime motive.To this,we in the aspect of legislation for crime motive meaning to make clear a regulation,the concept of correction in the current criminal law system in crime motive to describe deviation and error,clear to the influence of the criterions for the conviction of crime motive.In judgment in the judicial level,fully embodies the analysis of the crime motive argument;Using the maintain the austerity of criminal law,crime motive to realize the unity of retribution and prevention;Use the motive to subjective vicious and fault state accurately;Promote the crime motive for sentencing process reference weight,unified sentencing standards;Using the crime motive to realize the objective of crime prevention balance as a whole.Finally in the whole society within the scope of the justice of good atmosphere of advocating formation,set up the national observance of order,the rule of law,criminal law concept from the heart and trust.