Study On The Concurrent Guilty Mind

Usually, one crime only has one kind of guilty mind, however, the complexity of the law itself determines that not all the crimes’ guilty mind is simple. Some disputes on the guilty mind have been shocking the traditional theory that “one crime has one kind of guilty mind”, just like the crime of abuse of official authority in early phrase and the crime of crime of dereliction of duty in food supervision lately in near time. Therefore the academic takes the offence of abuse of official capacity as research object and put forward several theories, such as the theory of verdict of guilt by external factors, the theory of compound guilty mind, the theory of the major guilty mind, the theory of criminal entity—criminal mind —criminal quota factors and the theory of strict responsibility, but the above-mentioned theories are doubtful. Based on the current closed system of the theory of crime, this article take the existing analysis as an entry point and then present a new point of concurrent guilty mind, Next it extends discussions from the content, demonstration, application and so on in order to provide a new angle of the guilty mind of the relating crimes. There are four parties in this article except the introduction and the conclusion.Part one: The background of the concurrent guilty mind. Firstly, this part introduces the disputes of the guilty mind about some special crimes and it mainly centre on the offence of abuse of official capacity, and point out the key of the disputes –the identified standard of the guilty mind is result, action or both of them. Secondly, analyzing the current new theories of guilty mind, we hold that the above-mentioned theories have some defects, for example, they are not coordinate with the system of the theory of crime of our country, violate the principle of responsibility, have gaps with the intentional governing function of the objects, have logical contradiction and lack operable standard. Finally, we put forward the view that the intentional guilty mind and negligent guilty mind can be parallel in some crimes of our criminal law, namely concurrent guilty mind.Part two: The extension of the content of concurrent guilty mind. Firstly, this part explains the concurrent guilty mind from its system position and class analysis and we conceive concurrent guilty mind is not the third forms which is independent of intentional guilty mind and negligent guilty mind, it shows that the intentional guilty mind and negligent guilty mind can be parallel in legislation, But it is still a single guilty mind in the judicial practices. Secondly, with the purpose of better defining its connotation we take horizontal comparison between concurrent guilty mind and compound guilty mind, mixed guilty mind. Finally, we take the vertical analysis in the concurrent guilty mind itself and divide it into the basic concurrent guilty mind and aggravated concurrent guilty mind, the latter can also be divided into the concurrent guilty mind in result-aggravated crime, the concurrent guilty mind in action-aggravated crime, the concurrent guilty mind in motivation-aggravated crime.Part three: The two-dimension demonstration of the concurrent guilty mind. This part discusses the concurrent guilty mind from theory demonstration and law demonstration. For the former, we think that there is room for the concurrent guilty mind in the current system of the theory of crime of our country, And it can comply with the principle of responsibility, and we can make crime and punishment reach a balance state through the theory of imaginary concurrence of crimes. For the latter, it is not difficult for us to see that the legislator and judges have recognized the existence of the concurrent guilty mind through the analysis of the legislative documents, judicial interpretation and typical guiding cases intentionally and unwittingly.Part four: The application analysis of the concurrent guilty mind. This part starts the concurrent guilty mind from legislative application and judicial application. For the former, we concentrate on the analysis of the guilty mind of the crime of dereliction of duty in food supervision. For the latter, we focus on the accordant problem between the concurrent guilty mind and accomplice and recidivism, in the judicial practices we should see that, the concurrent guilty mind is still a single guilty mind, it does not lead to difficulties when we confirm the accomplice and recidivism in cases.