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On The Judicial Presumption Of Criminal Intent

Posted on:2021-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:J Q YuFull Text:PDF
GTID:2516306029982459Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal intention plays an important role in the system of criminal constitution elements,and the determination of crime and the disposal of penalty also have important significance of standardization.But due to the deliberate crime specificity and traceability,law officials are difficult to determined,by using the method of judicial proof so that cannot achieve the purpose of punishing crime,as alternative means of judicial proof,judicial presumption can very good to solve this problem,in the crime intentionally recognition has been widely used in the judicial practice.The judicial presumption of criminal intention involves the criminal constitution system,the burden of proof system,and so on.However,the judicial presumption of criminal intent also has its drawbacks.In order to give full play to the advantages of judicial presumption in the determination of criminal intent,we must regulate it from various aspects.
Keywords/Search Tags:Criminal intent, Judicial proof, Judicial presumption, Criminal constitution, Burden of proof
PDF Full Text Request
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