Specific Principles For Dealing With Errors

Disposal principles of specific strike error between domestic and overseas criminal law scholars are controversial.The most representative is legal according doctrines and concrete according doctrines,of which the essential difference is on the understanding of the theory of intention.The examples of specific strike error in judicial practice are very common,and its disposal conclusion is of great dispute.This article,through analysis and induction on theories of specific strike error,combined with typical examples in judicial practice,tries to gives a new way of thinking on that issue,in order to offer help for judicial officials in convicting whether the actor committed intentional crime or criminal negligence.The introduction part introduces the difference of classification on cognition errors of facts between China's traditional theory and Japanese theory of criminal law,together with the representative point of view on specific strike error from native scholars,meanwhile indicates the author's research interest on this issue.First chapter illustrates the related concepts and classification of specific strike errors of facts.First,specific cognition errors of facts divide into object error and strike error.In specific strike error,representative disposal principles in academia are legal according doctrines,concrete according doctrines,and planned behavior theory,etc.Second,this chapter makes a definition on the relation between theory of intention and theory of error in advance,in order to set the stage for the research path selection accordingly.Second chapter,disposal principles of legal according doctrines.This chapter focuses on viewpoints of legal according doctrines,illustrating the dispute on theory of singleintention and theory of multi-intention within legal according doctrines,meanwhile pointing out the advantage of legal according doctrines as well as criticism on it.Third chapter,disposal principles of concrete according doctrines.This chapter focuses on criticism on concrete according doctrines,as well as its response to the criticism from legal according doctrines,with the aim of induction,conclusion,analysis and evaluation of the related theories of concrete according doctrines.Fourth chapter is to offer new way of thinking on disposing the issue of specific strike error.First,the focus of the dispute between legal according doctrines and concrete according doctrines should be specified,which is,should the actor take the responsibility of intention or negligence as the result of violating legal interest of wrong strike object? Meanwhile,the appropriate way to solve this problem is to establish the analysis mode of intention theory;Second,through the analysis on the actor's subjective aspect,his/her mentality of indirect intention on violating legal interest of wrong strike object during the process of strike error can be defined;Last,render specific answer towards how to dispose specific strike error and illustrate the rationality of this disposal principle.