Criminal Intention Understanding Factors Research

Criminal intent is a sense of mentation .The cognition factors of criminal intent consist of two part ,those are cognition content and cognition degree.The author deems that the cognition content in cognition factors should mainly include the self-cognition to the consequence fact and the appraisive cognition to the consequence .The former includes the cognition to the characteristics of behavior, Object of behavior ,time ,place, result of behavior and .the relationship between cause and fact about the criminal act and its consequence .The author deems that crime subject and crime object should not constitute the contents of criminal intent cognition, The aggravated result in the felon with aggravated result and the objectively surpassed essential factors are not the object of cognition .There is an argument about the social harmfulness cognition and the illegal cognition in the appraisive cognition to the consequence .Through analyzing the connotation of illegal cognition ,the author concludes that the illegal cognition is that criminal realizes that his behavior actually violates the law or the whole legal order; At the same time ,through analyzing the relationship between the illegal cognition and the criminal intent ,the author believes that the content of criminal intent cognition should be illegal cognition , instead of social harmfulness cognition . The cognition degree of the criminal is that in what degree the cognition content of the criminal conforms with the fact that has been occured objectively. Legal conformity theory is the present logically coherent argument . In this part, through analyzing the relationship of "fall awareness " in the general remarks and minute theory of criminal law, as well as the "truly knew" and "must knew " in judicial interpretation ,the author thinks that "must knew" should be revised for "possibly knew", and points out the standard for determinating whether or not the criminal is full awareness .Morever, through analyzing the cognition degree in the intent and the indefinite, all those can do help to determinate the indefinite intent in judicial practice ,In the last part, the author has made the concrete analysis on the "occurrence" in the cognition degree, which include inevitable occurrence, and possible occurrence, and the analysis causes degree of understanding to be clearer and brighter .There are forty thousands of words in this dissertation.