| The intentional crime is the content of subjective constitutive elements of a crime. Therefore, the crime deliberately theoretical study of the criminal is the cornerstone of justice system. Most of countries penalized intentional punishment is the principle and fault punishment is exception. So this thesis explores the essence of this deliberate theory through the analysis of some theorical study of the deliberate nature of the crime, such as hope Marxist doctrine, laisser-faire. Intolerance etc. to analyze the advantages and disadvantages for future use.The basic nature of deliberate crime is includes in psychology, Therefore, this thesis adopts psychological method to analyze deliberate criminal mechanism of the heart and doctrine and expounds from the psychological needs of crime, criminal motive to the form of psychological process. Then, it tells the distinetion between intentional crime and criminal motives, in the expectation that the inspiration of judicial and penal theory.From the very beginning, awareness of deliberate crime and legislation is not reached a depth of the theory like today. People are never aware of it from unknown to known, from known a little to master it. This thesis outlines the legislative intent of the evolution theory of our ancient history and explores the legislative requirements on deliberate crime abroad.It's been adopted by most of research groups that deliberate crime included in awareness factors and will factors. In the 14th rules of China's Criminal Law stipulates:one who knows that his behavior is harmful to society will happen, and hope deliberately to constitute a crime, means a deliberate crime. But the problems on how to further define the understanding factor have occurred, There exist meet, abstract meet, statutory meet. Meanwhile, that what knowledge should be known on forming the deliberate crime is even more controversial; This thesis focuses on these differences, analyzes the will factors and its controversial theories through expanding the author' sown view. For the will of factors, the author analyzes the same of its controversial theories and expounds hisownview. |
