Research On Issues Of Indirect Intent

Indirect intent is the most difficult to be defined in the form of sins, the connotation and extension of its concept are controversial. Studying indirect intent are great significance in both theory of criminal law and in judicial practice. In theory, studying indirect intent can fully analysis and understand the subjective element of the crime; in judicial practice, the identification is the major issue related to the perpetrator conviction and sentencing. This essay is major about the research of elements and related issues of indirect intent, the author gets his own point by comparing the definitions of the concept and doctrines.This essay is divided into four parts. The first part introduces the cognitive element of indirect intent and analysis it through content of cognition and extent of cognition. In the content of cognition there are factual content and illegality cognition. In the extent of cognition there are content and extent of’knowingly’ in indirect intent.The second part is the volitional element of indirect intent, and it’s major about the research of’indulgence’. First is about the definition of’indulgence’ and the discussion of the content and degree of’indulgence’, the second is a refutation about’indulgence’belonging to emotional element, the last is about the feature of’indulgence’.The third part is the comparison about indirect intent and overconfident negligence, indirect intent and recklessness in English criminal law.The fourth part is about unfinished forms of indirect intent. China’s criminal law theory prevailing view denys the unfinished forms of indirect intent, but this essay questions the prevailing view. Through both theories and cases, this essay elaborates that attempted crime and discontinuation of a crime are both unfinished forms in indirect intent.