Intermediate Guilty Mind' In Chinese Criminal Law And Its Rationality

This article begins with discussing the mental state of death due to abscondence after traffic accident,on the basis of which the concept of intermediate guilty mind is put forward.This kind of guilty mind is just between direct intention and negligence.From the traditional point of view,guilty mind can be divided into four parts: direct intention,indirect intention,recklessness and negligence.I believe that recklessness should also be categorized into two parts.The first part is although someone realizes that his conduct is dangerous to others'interests,relying on the subjective and objecticve circumstances,he denys this possibility,whereas,the harmful results happen eventually.I name this kind of mental state as"negligence of readily believe",which,in his nature,is a kind of negligence.The other part is when someone realizes the dangerous of his conduct,and he is unsure if the circumutances prohibiting the harmful results will effective,but he still take the risk.,which I refer as"recklessly believe".The essential property of this kind of guilty mind is that the subject leave the harmful results happen,just like the essential property of indirect intention(by this,I mean the cicumustances in which the subject only have probable cognition.).So this two kinds of guilt mind can be incorporated into one mental state-the intermediate guilty mind.In the second part of this article,I use psychological knowledge relevant to support my idea.There are three elements of human'conduct form the perspective of psychology,of which the cognition and will of a subject is dicisive in defining the nature of his act.For the mental state of indirect intention and recklessly believe,they both realize the danger of their conduct,that's cognition;and when they realize this,they both take the risk,that is the will to leave the harmful results happen.So they have important property in common,which can make them unified in intermediate guilty mind.In the next part,I introduce some theories about the assortment of guilty mind in foreign countries,including the civil law and common law countries,as another support of my opinion.And then ,I give an analysis of the concealing of intermediate guilty mind in some criminal offenses regulated by the Criminal Law of The Republic of China,and also summarize the common features of these crimes.I believe that the concealing of guilty mind in these crimes is a practicle way to avoid the diret conflict with the traditional division of mental state.And as there are many insititutions constructed on the basis of traditional view ,so intermediate guilty mind to be admitted formally will have a long way to go,that'why I think the concealing way is feasible for the present situation.