From Theory To Practice:Distinguish Between Indirect Deliberate And Overconfident Negligence

There is no great excuse,no small punishment.From this old saying,we can see that in the age when criminal legislation is not yet mature,people have realized that the perpetrators’ different crime forms when they commit criminal behaviors point to different subjective and vicious points.China’s current criminal law is also based on the principle of punishment for deliberate crimes,with the exception of punishment for negligent crimes.This requires us to accurately distinguish between intentional crime and negligent crime,which includes the legislative,judicial,and law enforcement levels must be accurate,and only in this way is consistent with the spirit of fairness and justice in China’s criminal law.In the distinction between intentional and negligent forms of sin,a set of concepts has become a problem,namely,how to distinguish between indirect intentional and knowing negligence.China’s criminal law clearly stipulates two forms of innocent intentional and knowing fault,that is,we have paid enough attention to this issue at the legislative level,but the real difference between these two concepts lies in judicial practice.I have been arguing over this issue and trying to construct this distinction theory from the edge of the limit value,but the effect is not ideal.The reason why indirect deliberate and knowing faults are difficult to distinguish is mainly because they are both sinful forms or subjective existences.Its difficulty is focused on the "implicit" characteristic of the subjective mentality,how to observe hidden in the objective facts of crime Under the subjective heart,this is almost equivalent to how to observe the inner world of the agent.How to explore the subjective psychological state of the actor through objective facts and how to prove this psychological state in judicial practice has become the crux of the indirect deliberate and inadequate distinction between knowing faults.Therefore,the idea of this article is to analyze the existing theories,find out the shortcomings of the existing theories,and try to supplement these existing theories,and at the same time let the subjective factors return to the objective existence,and find a way to clarify.The research purpose of this article can be summarized into two points: first,starting from the existing historical theory,theoretically clarifying the indirect intentional and knowing faults in theory,and secondly,exploring the judicial Solutions that can be practically applied in practice.