On The Knowledge In Criminal Intention

In the criminal legislation of our country,there is a common legal term,which is used to define the cognitive factor of criminal intention,which is knowing.Knowing in criminal intention is one of the focal issues that has been troubling criminal justice practice for a long time.Knowing clearly belongs to the element of responsibility,the object is very diverse and complex,among which the factual knowledge is mainly the knowledge of the facts of the constitutive elements,including the knowledge of the elements of the constitutive elements,no illegal obstruction causes,and impure objective punishment conditions.The pure objective punishment condition belongs to the condition that the criminal right is initiated,which does not require the doer’s knowing.There are corresponding provisions in the criminal law regulations of our country,while the impure objective punishment condition is the element of the constitution of the crime and the object of the doer’s knowing.There is no such objective punishment condition in the criminal law regulations of our country.The evaluative cognition of knowing should be the cognition of social harmfulness,the cognition of whether the actor has illegality determines whether the actor can be investigated for corresponding criminal responsibility,which has nothing to do with the establishment of criminal intent,and should be an element of responsibility independent of intent and negligence.But in the judicial practice of China,there is no illegality cognition errors as a liability to stop treatment,therefore,for the inevitable illegality cognition errors,rather than think its resistance is responsibility in theory,from the judicial practice,is inferior to beginning given a lighter or mitigated punishment or be exempted from punishment,for illegality cognition mistakes can be avoided,it should be specific case specific analysis.In the determination of knowing,it is usually necessary to prove the knowing of the actor,but due to the restrictions of various conditions,sometimes it is impossible to obtain enough evidence to prove the knowing of the actor.In this case,the knowing can be presumed.However,the presumption of knowing must follow certain rules and be used prudently in judicial practice.