Deliberately Positioning In The Criminal Theory System

In the system of theory of crime,the positioning of “intention” is an important standard for testing whether the system of crime theory is appropriate or not.The system positioning of “intention” can affect the architecture of the crime theory system.In the classic system of crime theory and new classic system of crime theory,“intention” is in the level of liability as the culpability element.But in the teleological system of crime theory,“intention” belongs to the level of constitutive requirement as a factor of constitutive requirement.In the crime theory system with the combination of new classic theory and teleological theory,“intention” has the nature in dual levels as an element for both the constitutive requirement and culpability.From the historical evolution of the system of crime theory,each change of the positioning of“intention” in the crime theory system is caused by changes of crime theory system's structures and contents.Therefore,it also can be said that the system status of“intention” is the external manifestation of crime theory system changes.For any discipline,the solution to a particular issue is not only the research on a single question,so the positioning of “intention” in the crime theory system is also not a separate problem.The crime theory system does not emerge out of void.The logic,rigorous and accurate way of thinking and the method of positivism in science and technology domain have made the crime theory system under the influence of positivism at the beginning of its establishment and hold that constitutive requirements are purely objective and position “intention” in the level of culpability.The rise of humanism makes subjective factors gradually permeate into the constitutive requirements class.The behavioral theory pays increasingly more attention to the social value of behaviors.The rise of subjective illegality proves the necessity of subjective factors in the constitutive requirements once again.No matter from the influence of external factors on the crime theory system or the developmentof its own theory,the overall development is toward the trend that constitutive requirements should include subjective factors.The dual-level positioning of “intention” is not the commonly referred repetitious evaluation by putting “intention” in the two classes,but decomposing it into “factual intention” and “value intention” in accordance with the evaluation objects.The former should be evaluated in the class of constitutive requirements.It refers to the subjective cognizance of the actor for the objective facts.The latter should be evaluated in the class of culpability.It is the actor's cognition of facts' value and subjective vicious cognition.In this way,the decomposition of “intention” can properly solve the legalization premise fact cognitional error and problems like attempted offense.