Research On Motive Of Crime

If we learn why people explore the implementation of criminal behavior, we have the possibility to seize the offender and criminal nature. Only in this way can we speak of an accurate identification of crime, better transformation of the perpetrator, and better crime prevention. From the criminal point of view, the aim is to answer the reason why people commit a criminal act and the elements of the motive of crime. Motive of crime is window to find human nature,and the criminal law to ensure substantial justice has been achieved, motive of crime has given the emotional side of the Criminal law. Therefore, the study of the motive of crime of modern criminal law can not be avoided as an important issue. However, the fact is that modern criminal law does not give sufficient attention to motive of crime, which may lead to miscarriage of justice. To change the motive of crime in the modern criminal law subject to unreasonable treatment, in order to find a motive of crime in the Penal Code should belong to its location, is the original intention of writing the article.The total words of this paper is 12 thousand.The first chapter:overview of criminal motives. This chapter mainly discusses the concept of criminal motives and characteristics of the existence of the scope of criminal motives, motive of crime generation process and so on. Motive of crime of criminal law is the most common motivation. in a foreign criminal motive of crime usually involves only the meaning of its criminal law, but little attention is put on another aspects of the motive of crime. China is different motive of crime has become a technical term, scholars of criminal motives have also been given a special connotation of the term. Scholars from China’s Criminal Law Article on the controversy over the concept of criminal motives into question, a step by step on the motive of crime issues in-depth study. In China’s criminal law scholars have given a different motive of crime after the concept was discussed, the article considers that the motive of crime given the connotation of the point of view, the concept of a narrow motive of crime is a comprehensive and in accordance with criminal law and psychology, the concept of law. Then the article further explores the characteristics of criminal motives. We know that criminal motivation is the most common motivation for criminal law, it is not the motive of crime can be said to contain all of the Penal Code concerns motives? Motive of crime in a foreign criminal law is the motive of the criminal law sense, this understanding at the level of motive of crime that contains all the motivation for criminal law should be concerned about would not exist objection. In the Criminal Code of research in academic circles to give the connotation of a special motive of crime, criminal motivation and purpose of the offense determines the motive of crime close contact exists only among the direct intentional crime, only in the direct intentional crime against criminal acts taking effect. Motive of crime is a broad concept of China’s criminal law scholars try to use the term motive of crime covered by criminal law concerns the product of all the motives. In this sense, the broad concept of motive of crime directly contributed to China’s Criminal academic studies on the development of motivation. Broader concept of criminal motives to make us aware of the criminal law is not only a meaningful incentive exists in the direct intentional crime, our criminal law in other patterns of crime in the Penal Code is also the existence of a meaningful motivation. The provisions of the Criminal Law to prove this point, the criminal law provisions from the criminal negligence of view, there is crime in the negligence and even affect the sentencing convicted motivation. China’s criminal law provides a "plot" includes motivation, this is already an indisputable fact that criminal law scholars, so that from the Chinese Criminal Law, "the plot" in all criminal provisions that exist in both forms of punishment or conviction affect motivation. These widely exist in China’s criminal law, including criminal motives, including on the criminal law is of great significance to all the motives of the Chinese Criminal Law is the motivation for all. Perpetrators of crime motivated by the subjective aspects of the special content, it has with other crimes under the Penal Code subjective aspects of the different generation, the development of the law. The motive of crime and the development of the law of the production is also a motive of crime an essential foundation of research, so the article on the motives of the production, development of the law also made corresponding discussed.Chapter II, criminal motives in Historical Perspective. Know any thing, can not forget the basic historical clue, because history is the most reliable, most essential, the most important. The study of the motive of crime also must follow the objective law of this understanding of things. Early in human society, for understanding the limitations of crime led to the criminal law was guilty, the main focus of objective harm caused by crime, for actors with little concern about the subjective. Medieval Criminal Law and Criminal Law in Ancient China’s "Spring and Autumn" phenomenon is the importance of ancient criminal law actors subjective motives of special historical facts, but this attention is based on non-scientific basis, so eventually the subjective imputation and the final sentence of the right to abuse. The Enlightenment Beccaria enormous ideological influence of criminal law, resulting in a very long period of time subsequent to the criminal law objectivism tilt naturally motive of crime has been ignored by the criminal law at that time. Until about the 19th century, with the intense social upheaval and change, the rate has increased, the subjective aspects of human behavior found at the crime when it began to be neglected. At this time resulted in criminal law theory and the modern school of classical school fight, the former confining ourselves to the objective aspect of crime which the subjective aspects of paranoia in the crime. Two schools of debate so that humanity will gradually deepen understanding of the crime, people began to realize that crime is a perpetrator acts of subjective and objective factors combined product. This kind of crime, to promote the scientific understanding of the criminal law after the guilty at the same time, the objective aspect of great importance to the gradual emphasis on the subjective aspects, has thus gradually become a motive of crime when the crime identified one of the factors to be considered.。The reason why the criminal law and criminal motives will appear above the evolution of a trend, in fact, is closely related to the evolution of human nature. which dictates the criminal law must take into account human nature. Any kind of criminal law norms, and only built on the basis of a correct theory of human nature, its existence and application can have the essence of rationality. History of the development from the perspective of human nature, human nature has undergone from the abstract to the concrete theory of human nature human nature of the development process. It is an abstract theory of human nature can be said that the history of development in criminal law and long-term dominant, which makes the motive of crime in the Penal Code in a long neglected status. Specific theory of human nature in modern criminal law gradually replaced the abstract, but the dominant theory of human nature, this replacement process in terms of the Criminal Code of very great significance. Research on the specific perspective of human nature demands the Criminal Code should be a gradual shift from "abstract ordinary people" to "concrete reality" and, from the mere emphasis on the absolute certainty of the transfer of the criminal law to the stress the relative certainty of the Penal Code, while maintaining the criminal law to protect the value of Therefore, there is a specific theory of human nature as a motive of crime and other criminal law by ethical and moral evaluation, the "live" element provides the philosophical basis and basic theory of human nature. The responsibility of Western civil law theory of evolution is to facilitate the development of the current status of criminal intent is another important reason. Western civil law theory of liability by the history of the development point of view, because the attention of subjective aspects of the offender the impact of canon law, it is increasingly recognized that the penalty is limited by the scope of the subjective element of the necessity, the question arose of modern criminal law theory asserted in responsibility doctrine. Responsibility doctrine emphasizes the subjective responsibility and personal responsibility. Along with the responsibility of doctrine, the West has the responsibility of the civil law theory of moral responsibility has emerged in the theory of social responsibility theory and the revised theory of moral responsibility. On the moral responsibility to rise to liability on the psychological elements of responsibility should be specifically discussed, and later amended the moral responsibility argument has given rise to normative responsibilities on the elements of responsibility should be specifically discussed. Now look at the above-mentioned theory of criminal responsibility to make a contribution to the development of science is very great, but also the responsibility of achievement motivation as an element of the crime status.Chapter III of the function and role of the motive of crime. In the law, the function of emphasis on things internal, stable, and it ought to be property, but mainly emphasizes the role of external things, and change is really natural attributes. From the point of view it ought to say that motive of crime of criminal law, which primarily reflected in the motive of crime of a legislative nature Modesty on the maintenance of criminal law, the administration of justice to ensure the reasonableness of the Criminal Code both functions. First, the motive of crime legislation to safeguard the provisions of the Modesty of the Penal Code.。Essentially the same behavior, their motivations vary widely, for example, the same theft behavior, there may be some people are forced by life, if you do not steal will be cold and hungry and even their lives will be threatened while others may be In order to erosion of the enjoyment of life. Motive of crime is so ever-changing factors, which could allow flexibility in the Criminal Code to set criminal ring is too large, a threat to the Modesty of the Penal Code. However, is not true. In modern criminal law doctrine of legality under the relative charges of the number of the unity of objective and subjective nature of crime is an established, which is a rigid limit on crime ring. Within the framework of the established rigid, but to consider a number of factors will make guilty of criminal law in more cautious, Modesty. Second, the motive of crime provision is conducive to the coordination of judicial reasoning and the law conflict, to ensure that the criminal justice realization of substantive rationality. Reasonable conflict with the law is a legal process of implementing the eternal conflict, the cornerstone of the crime and the legal principles of modern criminal law is particularly evident in the implementation process. The existence of criminal motives, put up a bridge of communication between the two. Stick to the form of criminal justice, rationality principle of legality is a necessary requirement, however, the loss of substantial rationality has become a heavy price. The form of criminal justice, rationality and substantive rationality of the contradiction between Chiang Kai-shek in the modern criminal law has become increasingly prominent, countries in ensuring the criminal justice forms the basis of rationality are to explore the essence of the realization of rational path. Can coordinate reasonable motive of crime and the law conflict, the criminal justice in the form of rationality at the same time stick to achieve a substantive reasonableness of the important factors. Ran from the real perspective, motive of crime of criminal law plays an important role, particularly reflected in the concentration of motive of crime of conviction sentencing the impact of this point. The conviction and sentencing on the role of the motive of crime, the motive of crime in general very little impact on the sentence there is a dispute, but the motive of crime of conviction to influence a lot of people are still adopted a more cautious attitude. Caused by a qualitative change from a quantitative view of the philosophy of law, criminal convictions have an impact on motivation should be the role; from countries on the purpose of committing criminal law, as well as the proper subject of the analysis of the provisions of view, constitute a motive of crime and even the optional elements, the motive of crime of conviction The impact is unquestionable.ChapterⅣ, China’s motive of crime legislation and judicial reflection and improved. Motive of crime of China’s criminal law should not be overlooked an important factor, in order to truly play in the Criminal Code of the role of the motive of crime, improve the legislation, norms of justice is key. First of all, the article on China’s criminal law, the purpose of committing criminal intent in the legislation make reflections. My 97 year "Criminal Law" On the purpose of committing a crime, the legislative provisions confused motives and criminal purposes, while my 97 "Criminal Law" On the purpose of committing a lack of uniform legislative provisions on objective criteria with subjective and arbitrary. Therefore, the purpose of China’s Criminal Law on the motive of crime committed in improving the legislative purpose of committing the need to maintain unity on the legislative performance, but also the "purpose" to motivation as it is. Second, from a theoretical perspective motive of crime under the Penal Code at the discretion of our important manifestations of the plot, one of China’s criminal legislation should be included as soon as possible motive of crime, including judicial practice has been tested for the mature form of the legislative discretion of the plot to be explicit, so as to ensure the proper use of judicial practice. Through the above discussion, we have known the motive of crime of criminal justice in the criminal rationality at the same time stick to achieve a substantive reasonableness of the important factors, but because of its inner intentions, the motive of crime in judicial practice is difficult to prove, which led to the use of the judicial practice motive of crime often found trouble. Scholars put forward the view that the use of presumption to identify perpetrators of crime, the subjective aspects are indeed more effective means. However, our judicial presumption itself, there are still inadequacies in the same time, the ambiguity of our criminal legislation also creates an obstacle to the judicial presumption. So, we should improve the judicial application of the presumption. First, we should be rigorous and comprehensive to select the presumptive fact. Second, the presumption should be carried out with certain procedures. At the same time, legislation should minimize the vague of the orientation of the enactment of legislation. In short, only the sound legislation can norms of justice really play an important role in the criminal law.