- 期刊
From "Golden Rule" to "False Proposition" ‐ Re Understanding of Criminal Defenses
摘要
In the concept of criminal intent, the criminal intent stipulated in China's criminal law includes both cognitive and willpower factors, among which there is different debate on how to understand the cognitive factors of criminal intent in China in various theories, both ancient and modern. What is particularly crucial is that under the hierarchy system, does criminal intent belong to the elements of constitutive elements or does the element of criminal responsibility constitute a crime in determining the behavior of the perpetrator? Do we need to bear criminal responsibility? In addition, while discussing the concept of criminal intent, we cannot ignore the proposition of Criminal defenses awareness. There seems to be a tangled relationship between Criminal defenses awareness and criminal intent. At present, China's trial practice mostly ignores the existence of Criminal defenses awareness, but the discussion on the definition of Criminal defenses awareness in the academic community is becoming increasingly fierce, and a hundred schools of thought contend and begin to have an impact on the trial practice.