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《Journal of Yantai University(Philosophy and Social Science Edition)》 2015-05
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Study on the Issue of “Knowledge” in Criminal Intention

LENG Da-wei;School of Law,Peking University;  
Cognitive factor,one of the most important components in the criminal intention,refers to"knowledge"in criminal law in our country. In our country's criminal law theory,there exist different opinions in "knowledge",and this directly affects the correct cognition of criminal intention in the judicial practice. According to analysis and research,"knowledge"is a kind of cognition which contains "know for certain"and "may know",and it does not contain "should know". In addition,"knowledge"and"already known"exist differences in the extent and content of knowledge. In terms of content of"knowledge",it includes understanding of constitutive elements and understanding of harmfulness. The "knowledge"in general provision of criminal law and the "knowledge"in specific provision of criminal law are not opposite,and they are concordant with each other.
【CateGory Index】: D924
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