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not criminal motive

网络释义

  不犯罪动机

【Abstract】 The purpose offense refers to a pattern of crime for which the actor requires the categorising(or special)criminal purpose beyond criminal intent which is the subjective element of constitution of crime. The absolutely different route for raise and development of the purpose offense rests with the differences of the theories about system of criminal constitution between China and foreign countries. In Civil Law System, the raise of purpose offense is a criminal pattern that was the sign of the element of subjective illegality in three-level system. At the same time, in USSR and China, the purpose of this kind offense was token as the selective element of the subjective aspects of crime in four constitutive elements system. There are different styles of formulations about the purpose offense and 29 provisions concerning it in total in Chinese Criminal Code. We must consider both be and ought to be when research the essence of "purpose" in the purpose offense: It is ought to be that there are different criminal purposes regulating from diverse aspeots in criminal provisions, the purpose of purpose offense is subjective element affecting the harmfulness and extent of dangerous act which regulate from inflicting aspect, what is different from the purpose as content of criminal intent, embodying the statutory goods murdered directly. Meanwhile, there are no absolute differences between purpose and motive, purpose may be looked upon the exhibition of motive at times. Nevertheless, it is not so satisfactory with the provisions of purpose offense in Criminal Code through reviewing the criminal law all-around and differing the diverse provisions concretely, and there are some provisions resembling motive formulation, but it is no necessary to transform the conception of purpose offense into the "motive offense" in general. The essence of purpose of purpose offense belongs to the criminal purpose, not criminal motive.The purpose of purpose offense is beyond subjective factor, there is no objective harmful conduct to parallel, so it is different from the simple criminal purpose of criminal direct intent which formulate the objective elements of constitution. Although the constitution of purpose offense is inconsistence between the subjective factors and objective factors, it is not contrary with the principle of integrating the subject and the object. The crime of indirect intent can contain the criminal purpose because this purpose is not the criminal consciousness of intent but the purpose of purpose offense. Therefore, the purpose offense can be existed in the crime of indirect intent. According to different criteria, the purpose offense can be divided into completely consequential offense and incompletely two-conduct offense(offense of direct purpose and offense of indirect purpose), statutory purpose offense and unofficial purpose offense, and also the purpose offense refering consequence and the purpose offense referning conduct, real purpose offense and unreal purpose offense, i. e. The completely consequential offense is the crime that the purpose will accomplish(not necessary)as soon as the constitutive conduct would be put into practice; The incompletely two-conduct offense is the crime that the categoring purpose can be accomplished in case of another beyond constitutive conduct be carried into execution by the actor or third party. The author believe that it is not contrary with the principle of a legally prescribed punishment for a specific crime if accept the unofficial purpose offense because the existence of this offense depends on its special constitution with given the subjective factor and the objective factor. The orientation of orientation offense is the subjectively mental needs which can not influence the harmfulness and extent of dangerous act, so it can not be token as the constitutive element. The expression of expressive offense is not the beyond subjective factor but the consciousness of criminal intent. It is obvious that the orientation offense and the expressive offense can not be paralleled with the purpose offense because there are markedly diversity of constitution with given the subjective factor and the objective factor between these two patterns of crime and the purpose offense

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有道翻译

not criminal motive

无犯罪动机

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