Crime To Suspend The Automaticity

This article is divided into six parts,except preface and conclusion,the key in the second,three,four,five parts.The introduction part mainly introduces the research status of crime to suspend the automaticity,crime to suspend the automaticity of theoretical significance and practical value,and analyzes the problems existing in the present theoretical research and difficulties,combined with the author’s understanding of some of the problems,a preliminary delimited a way to solve these problems.The second chapter entitled automaticity related theory and reviewed in this paper,mainly analyzes the German and Japanese criminal law and our country criminal law about the automaticity of various theories.German theory including said subjective,objective and imputation possible;Japanese theories include the subjective,limit the subjective and objective debate and compromise.And our country about the automaticity of judgment theory mainly exists absolutely automatic says,internal determinism,main function,subjective,the judgment standard,subjective said supplemented objective said says,objective,etcThe third chapter analyzes the suspend crime reduction of punishment,according to the relationship between the automaticity and also about the suspend crime reduction of punishment according to the related theories are introduced and reviewed in this paper,and then puts forward the author’s point of view,that’s according to suspend crime reduction of penalty should be law profit violation or threat to reduce saidThe fourth chapter discusses three questions about the automaticity judgment standard.First,the main body of automaticity judgment:actor perspective and general standards.Second,the automaticity judgment object:the appearance of external reason is the external cause.Third,the automaticity judgment way:psychologism or specification.Finally concluded automaticity judgment should be to regulate the judgment method of judgment from the Angle of behavior person to give the appearance of known of the objective facts.The fifth chapter is this article key,in the analysis of the related problems such as crime suspension and automaticity after exploration,put forward to solve the current of the automaticity standard cognitive confusion,apply different problems such as path,the author thinks that in admit said subjective rationality on the basis of aiming at the shortcomings of the said subjective existence,put forward the specification to subjective,said the specification is not laws,but the purpose of the law value.Results without the realization of the value theory think that punishment should be linked to the violation or threat degree of interests,it is essential to suspend crime can relief the penalty the offender by the infringement or threat of legal interests in evaluation can be reduced,the purpose of criminal law the state will set up also hope to reduce the infringement or threat of interests,therefore,the author believes that the perpetrator did not complete the crime constitution,shall be appropriately extended to suspend the applicable scope,subjectively on the basis of "can" and "not" fully aware of the violation or threat of interests,and the subjective said this is the purpose of promoting.The subjective said the sixth chapter is purpose in the application of the concrete problems in judicial practice,is divided into several categories:(1)the perilous state of the real urgent;(2)give up mens rea is not completely;(3)the actor itself causes the psychological force;(4)found in purpose plan;(5)due to the emotional barrier to stop crime.Conclusion part is the reflection and summary of full text,is the last part of the full text.Standard question many things,should not be constant,also can’t,especially in the field of law,all as long as you can is good for the development of standards,are academic treasure,deserves respect and study.No matter how sophisticated theory,can only be put in practice according to the specific issue concrete analysis,from the judicial soil,all theories are only madrassa reflected,non-existent,automaticity of judgment standard is,crimes are a diverse group,complex and changeable,only in the specific case,the judgment standard in hand,the tool,to pluck eviscerate,find the most essential facts,this in the criminal law!...