Jurisprudence Inspection And Judicial Identification Of Knowledge In Criminal Intention

The cognitive factor is the foundation and precondition of the will factor.Therefore,"knowledge" is the starting point of the intentional identification of the entire crime;the identification and application of "knowledge" is the focus of academic research,the focus of controversy in many cases in judicial practice.For this reason,both the theoretical and practical circles have made many positive and useful explorations and studies,but the opinons are different,and a systematic and clear unified system has not yet been formed,resulting in this problem not being well resolved.The issues to be discussed and solved in this article are: how to clarify the connotation and extension of "knowledge" systematically and concretely,so as to clarify the content and recognition criteria of "knowledge",reasonably resolve theoretical disputes and judicial difficulties,and solve this This article intends to conduct research from the relevant categories of "knowledge",factual elements,value elements,degree elements,judicial recognition,etc.,with a view to better perfect the theory and guiding practice.This article is divided into six chapters,about60,000 words.Chapter one: introduction.This paper mainly introduces the status and importance of " knowledge " in the study of criminal intention,as well as the The present situation of theoretical research,the difficulty of judicial confirmation,the content,purpose and significance of this paper.Chapter two: the related categories of knowing.In this paper,the study on "knowledge " is carried out from the perspective of subjective fault and in the category of criminal intention."knowledge" has it’s own meaning in criminal law,which is different from thinking in life and fantasy,and non-doer knowledge.The specific purpose is the content of the knowledge,but the motive of the crime is not;"Knowing" refers to the general cognition realized by the perpetrator from his own careful perspective.The relationship of " knowledge " in general and special provisions of criminal law is general and special,abstract and concrete.Chapter three: the factual elements.Firstly,this paper clarifies the specific contents ofthe basic facts.The perpetrator needs to know the natural attributes and objective prerequisites of the action,the characteristics and status of the behavior object,and the "quantity" of the object,the result of subjective sin,the basic criminal process,Secondly,this chapter demonstrates the special forms of knowledgeabout inaction crimes,joint crimes,possessive crimes,and free acts of cause.Finally,this paper argues that the objective penalty conditions in the context of criminal law in China are mostly belonging to constitutive facts.The criminal responsibility capacity of the perpetrator is the basis of knowledge,not the content of knowing.The identity of the special status of the perpetrator needs to be known.The perpetrator kown the criminal object indirectly through the facts,evaluation,etc.The actor at least has a subjective fault on the result of the aggravated result.Chapter four: the elements of value for knowledge.This paper argues that in the context of criminal law,the value element that the actor knows is social harmfulness.This article argues that actors need to recognize that their actions have serious consequences for others,society.However,because of objective environmental conditions,reliance on others or certain facts,social harmful perceptions can be excluded.In addition,it is necessary to clarify the relationship among article 13 of China’s criminal law,the justifiable cause,the blank criminal law,and the awareness of social harmfulness.Chapter five: the elements of degree for knowledge.Firstly,it embodied as the integrality,reality,conformity.Integrality is the perpetrator’s overall understanding of the criminal process,the comprehensive understanding of facts and evaluation.Reality is the content of cognition can be realized.Conformity is the objective fact to what degree can satisfy the legal provisions.Secondly,it is distinction of knowledge and other concepts..The perpetrator realizes that the result is bound to occur,and it cannot be indirect intentional."Knowing" dosn’t mean ought to know,"Knowing" is general understanding of facts and value elements in the category of substantive law.Ought to know is the perspective of judicial judgment,the judge uses indirect evidence to comprehensively prove the subjective knowledge of the perpetrator.Knowing and foreseeing have differences in many aspects.Chapter six: the judicial cognizance of knowledge.In judicial practice,the determination of "knowing" in criminal intention not only needs to clarify the objective facts and value content of the actor’s "knowing",but also needs to adhere to the principle of justice that is fair and democratic,the public’s approval,the code of conduct and the standard of judgment,so as to provide value guidance for judicial judgment.In the face of direct proof of the existence of oral confession is difficult to obtain,false confession,the existence of torture,indirect proof of the existence of basic facts is difficult to measure,may lead to misrepresentation and other difficulties,the judge can The judge can reasonably use the evidence rules and the lenient system to prove the content and degree of the actor’s subjective "knowing".