Research On Theory Of Objective Extra Factors

According to the traditional theory on criminal fault in China, each kind of criminal acts has one and only one corresponding mental fault: intent or negligence. However, the mental faults of several crimes found in the amended criminal law which became effective in 1997 are difficult to define exactly, e.g. the crime of lease or lend a gun illegally (Article 128 term 3 of the 1997 penal code) and the crime of non-instant report on loss of officially equipped guns (Article 129 of the 1997 penal code).The conclusions drew by experts on the basis of the traditional theory are different, even contradictory. Moreover, the contradiction appears when the theory is applied to some crimes including amount or circumstance factors. These factors belong to constitutions of crime in theory, but in administration of justice the actors don't realize them, much less the fault. So should the actor take the criminal responsibility for the harmful consequence which in form of amount or the circumstance? The theory of objective extra factors is put forward to settle these questions. The dissertation analyses the theory of objective extra factors in details combined with the traditional theory on the criminal responsibility and the comparison of the relative theories in and abroad. Also the exiting scope and the actor recognition of the theory of objective extra factors are built. The dissertation is divided into four major parts.In the first part, the dissertation presents the dilemma of the traditional theory on criminal fault which is the starting point of the theory of objective extra factors. The author elaborates the predicament in the practice when we use the traditional theory and expresses the necessity of the theory of objective extra factors.In the second part, the author uses the theory of objective penalty requirement for reference in the civil-law system. As there are similarities between the objective extra factors and the objective penalty requirement, the dissertation introduces the theory of objective penalty requirement and its status in the system of the constitution of crime in Germany, Japan and Taiwan District briefly, quoting their legal articles.In the third part, the author presents the main content of objective extra factors and compares it with the objective penalty requirement. Then he discusses the definition,characteristics and the status in the system of constitution of crime in our country. Moreover, the similarities and differences between these two theories are explored from different angles.In the fourth part which is the core of the essay, the author builds the details of the theory of objective extra factors on the basis of the three parts above. Then he raises that the objective extra factors exist in parts of consequential crimes,amount crimes and circumstance crimes, and the actor needn't the mental fault on these factors in form of harmful consequence,amount and circumstance, but needs the possibility of foresight.