A Research On The Purpose Of Intentional Crime

The reason why the crime type of intentional crime can obtain relatively independent status in criminal law is because of its outstanding subjective characteristics — — having specific subjective intention,that is,special "purpose" different from the general purpose of crime.The "purpose" of intent crime is an important topic in the system of Criminology and the identification of intent crime,which involves the understanding of the criminal constitution system and the nature of illegality Therefore,the study of the purpose of the purpose of the crime not only provides an ideal platform for deepening the theoretical study of criminal law,but also has important practical significance for the guidance of criminal justice practice.Therefore,this paper intends to analyze and study the purpose related problems of the purpose crime.In addition to the introduction and conclusion,this paper is divided into four parts,about30000 words,the main contents are as follows:The first part: Summary of Purpose of intentional crime.This part summarizes the concept of purpose of intentional crime,the difference between the concept of purpose crime and the concept of confusion.First of all,combining the domestic and foreign relevant research on the "purpose" of the purpose crime,it is concluded that the purpose of the crime studied in this paper is different from the volition factor,that is,the general purpose of crime,and also different from the purpose of crime in a broad sense,it is a kind of special subjective element which is needed to establish the goal crime,that is,a special purpose.Secondly,it discusses the similarities and differences between the intention of the intentional crime and the "tendency" of the intentional crime,and the "performance" of the expressive crime.The second part: Essence of purpose of intentional crime.This part mainly has probed into the nature of the intention crime.There are two arguments about the theory of motive of crime and the theory of aim,which can be divided into the theory of aim of crime and thetheory of special aim of crime.There is a great difference in the function between the motive of the crime and the aim of the objective crime.The general aim of the crime unduly restricts the extension of the subjective elements of the objective crime,and the structure and content of the aim of the objective crime coincide with the aim of the crime in a broad sense,therefore,the nature of the purpose of the crime can not be attributed to the motive of the crime,nor can it be included in the general purpose of the crime.The third part: Orientation of the intentional crime in the criminal theory system.This part discusses the purpose of the intention of the crime in Germany and Japan as well as China’s system of criminal status.First of all,starting from the history of German and Japanese theories,which have been perfected in the theory of intentional offense,the aim of German and Japanese intentional offense is in line with the development of the theory of element,the system of theory of crime,and the theory of subjective elements of breaking the law,most scholars in Germany and Japan think that the purpose of the crime of intention belongs to the element of subjective illegality.Secondly,under the system of four-element crime theory,the purpose of purpose crime can influence the degree of illegality,thus affect crime and non-crime,this crime and the other crime,therefore,it belongs to the element of subjective illegality,and it also belongs to the element of subjective responsibility,because the purpose of the crime can reflect the subjective malignity and personal danger of the perpetrator,thus affecting the severity of the crime.The fourth part: The Legislative Reflection and Judicial Presumption of purpose of the intentional crime.This part mainly discusses the defects in legislation and judicature of the purpose of the crime and the corresponding measures to be adopted by the legislation and judicature.There are some defects in the legislation of the intentional crime,such as the lack of unity in the wording of the subjective "aim" of the intentional crime and the unreasonable stipulation of the individual "aim" of the intentional crime,there are some problems in judicial practice,such as the unclear conditions of application of criminal presumption of subjective purpose and the lack of procedure of criminal presumption,we should make the aim of the crime of intention into culture,perfect the provision of the aim of the crime of intention,concretize the basic facts of the presumption of the aim of the crime of intention and perfect the procedure of the presumption of the aim of the crime.