A Study On The Criminal Intent Of Consequence

In the current theoretical study of Criminal Law,the principle of consistency between the subjective and objective is the basic criterion that must be adhered to when the act is established as a crime.However,since the subjective factors can not be directly determined,the objective factors are the material for confirming the subjective content of the actor,Therefore,the uncertainty of subjective factors and the subordination of operation lead to the situation of "attaching importance to the objective and neglecting the subjective" in judicial practice.If the rule of "presumption" is applied in judicial practice,the judicial personnel may,through the objective evidence obtained,combine the logical reasoning and the experience judgment so that "infer" the actor’s subjective knowing content of his act.The application of the presumption rule is reasonable for the reason that it can achieve the aim of punishing the crime perfectly.But the unreasonable use of the presumption will impair the function of the subjective elements in the confirmation of a crime.The tendency of paying attention to the objective factors is more obvious when the behavior results in the corresponding infringement of legal interests.Based on this,this paper intends to start from the dominant elements of the intentional elements,adopt the method of factor analysis to the intentional study,and base on the time point determined by the intentional content as the concrete implementation behavior,thus,several rules to determine the criminal intent of concrete damage result are obtained.The main body of the article is divided into three parts:The first part,elaborated the theoretical basis which the research crime intention must discuss.This chapter is divided into three sections: the First Section,to explore the meaning of intention,that the meaning of intention includes the elements of knowledge and intention,but the dominant element is the elements of knowledge.The Second Section describes the evolution of the concept of accountability,so it is more appropriate to protect human rights to adopt "normative responsibility theory" in the field of responsibility.The third section shows that it is necessary and reasonable to change the analysis mode of intention from the analysis mode of the whole crime to the analysis mode of elements under the circumstance that the theory of criminal law has changed from the result standard to the behavior standard.In the second part,the theoretical research on whether the result of the infringement of legal interests caused by the act can be imputed intentionally is more discussed under the situation of error theory,because if there is no wrong situation,there is no doubt about the intentional establishment.Therefore,the second part of this article take the error theory as the position,discusses the present criminal law theory to the result subjective imputation research as well as the author thought this part research existence question.The content of this chapter is divided into three sections:the First Section describes the current theory of Criminal Law in the field of error theory more influential theory.In the Second Section,based on the intention theory and the mistake theory both are the generalized intention Theory Research,the author examines the standard of the determination of intention in the mistake theory research with the basic viewpoint of the intention research.The third section,on the basis of the principle of responsibility,discusses the possible risks in the research perspective of error theory.The third part,because the author thinks that the dominant element of intention is the element of cognition,whether the result caused by the behavior of the actor can be established intention or not,the essence lies in determining the degree of understanding of the actor required by the establishment of intention.The research on the degree of intentional cognition should be carried out with the behavior as the center,because the result occurs after the act is performed,so when the act is performed,the intentional essence of the result is the cognition of the effect of the act.In the study of error theory,the theory of concrete coincidence and the theory of legal coincidence have abstracted the understanding of "action effect" to a certain extent,this part analyzes the advantages and disadvantages of the abstract degree embodied in the concrete coincidence theory and the legal coincidence theory.Then,the author puts forward three rules that should be followed in determining the degree of intentional cognition: Firstly,to determine the degree requirements for establishing the result of intentional,we should combine the aim of normative protection with the content of the risk of infringement of legal interests when the concrete act is carried out.Secondly,the abstraction of intentional cognition should be limited by concrete cognition.Thirdly,the actor’s subjective understanding of the degree of the risk of infringement of legal interests caused by his own acts should be in line with the law of life experience.