Title: An Analysis on the Constitutive Status of Criminal Object——Discussion on the Definition of the Intent of Crime
Abstract: The constitutive status of criminal object acts as a decisive factor in the systematic arrangement in the crime constitution.Due to its super normalization nature and its value,criminal object is indispensable in constituting crimes since it can specify and correct the boundary of crime even though without independent evidence in the given lawsuit.Based on the idea of counterpart relation between the fact and the value,the crime constitution shall also be a two-layer system,with the first layer thereof being the criminal subject,criminology in the subjective aspect and objective aspect,and the second layer being the criminal object.It is argued that the criminal object shall not be the cognitive content of intent and the general definition of the intent of crime has obvious defects due to the consequence basis and the knowing-sensing content.Therefore,it is concluded that criminal object should be defined as the mental attitude indicating that the offender is aware of the constitutive fact and connive at the occurrence of such fact or deliberately commits the constitutive conduct.
Publication Year: 2007
Publication Date: 2007-01-01
Language: en
Type: article
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