我国刑法中的主观超过要素分析.pdfVIP

Abstract Over subjective factor derived from the criminal theory of continental law system is also an important subject relating to constitution of crime in Chinses criminal theory. It is of great theoretical significance and practical value to select over subjective factor in China criminal law as the research object. Although the general viewpoint of academia is pro over subjective factor as a true concept, no one comments on the concept itsself. Because of this it is of theoretical significance to study why the concept is true that can pave the way for subsequent analysis of related problems. Moreover, it is beneficial to the further development of this theory by confirming the connotation, denotation and property of over subjective factor based on the analysis of different doctrines. In terms of practice value, over subjective factor plays an indispensable role in affirming crime establishment, determining crime pattern, clarify boundaries between accusations and so on. It may better guide the identification criteria of concrete accusation in practice by way of teasing the current criminal law of our country and finding out implicit over subjective factors contained. It is also beneficial to the further legislative improvement via introspecting of unreasonability existing in over subjective factors and putting forward solutions. In our country, the research of over subjective factor is deepening, but it is mainly about purpose crime rather than comprehensive and systematic study. Therefore, this paper selects over subjective factor directly as the research object and extends the range of research. It demonstrates that over subjective factor is a true concept in our criminal theory, and makes an outlook on the futu