Criminal motive has always been the core concept of criminal law and criminology,which not only affects the conviction and sentencing of crime,but also involves the subjective consciousness of the offender and the cause of the crime,and therefore is of great importance.Criminal motive and desire of the composition and generation mechanism criminal motive comes from the desire of the offender,criminal desire is also the internal driving force of the perpetrator to produce criminal motive and even criminal behavior.The subjective consciousness of crime has received attention in the history of philosophy and jurisprudence,and the motives and desires of criminals are analyzed by the hand of philosophy and psychoanalysis theory,and the ontology and epistemology are used as the entry point to explore the formation mechanism of criminal desires and motives.Based on the vision of philosophy and psychoanalysis,this paper discusses the relevant discussions on criminal desire and criminal motivation in the history of philosophy,and proposes the classical psychoanalysis,mainly Freud,and the modern psychoanalytic theory,represented by Lacan,to analyze and argue the mechanism and classification of criminal motivation and criminal desire,and explore the formation of individual criminal causes and subjective desires,so as to achieve the purpose of crime prevention and criminal policy formulation.The purpose of this paper is to investigate the causes of crime and the formation of subjective desires of individuals,so as to achieve crime prevention and criminal policy formulation.This paper proposes the psychoanalytic theory to distinguish the relationship between needs and desires,to classify crime types into crimes of needs and crimes of desires,and then to correlate the three original desires with the different criminal motives they give rise to,so as to explore the essential connotations of criminal motives and desires,to trace the causes of crime through criminal cases to their roots,and to establish a correct judicial concept in the philosophical and psychological sense.The theory has special inspiration for the formulation of crime prevention policies under the establishment of a comprehensive social governance system in China. |