What does criminal law mean The meaning and determination of knowingly in China s criminal law

Legal Analysis: The determination of "knowingly" is a common problem in criminal justice practice. Exploring the method of determining "knowingly" in criminal law has important theoretical significance and practical value for correctly adjudicating criminal cases, accurately cracking down on crimes, and effectively correcting and preventing wrongful criminal cases.

In judicial practice, there are many problems regarding the determination of "knowingly" and the discredit. For example, there are confusions that equate "ought to know" with "know". For another example, the relevant legal documents do not explain the process of determining "knowingly", and even if the perpetrator appeals on the grounds of "ignorance", the second-instance criminal judgment document does not respond to the reason for appeal that the perpetrator "did not know".

Another example is that some legal documents are not very logical in judging and reasoning on "knowingly", and the reasoning almost falls into a circular argument of "because of 'knowing', so 'knowing'", which obviously lacks sufficiency and is difficult to receive good legal and social effects.

Legal basis: Criminal Law of the People's Republic of China Article 11 Intentional crime is an intentional crime where one clearly knows that one's conduct will have a result that is harmful to society, and hopes or allows such a result to occur.

1. What does legal knowledge mean?

Knowing means intentionally, that is, knowing that one's actions will have a result that is harmful to society, and hoping or allowing such a result to occur, thus constituting a crime, is knowing. Knowing that the harmful result is actively pursued is the opposite of negligence.

Legal basis. Article 14 of the Criminal Code.

Intentional crimes are committed when one clearly knows that one's conduct will have a result that is harmful to society, and hopes or allows such a result to occur, thus constituting a crime. Those who commit intentional crimes shall bear criminal responsibility.

II. What are the four elements of the constitutive elements of a crime?

1. The subject of the crime. Refers to a person who commits a criminal act. For every kind of crime, there must be a subject of the crime, some crimes are committed by one person, and the subject of the crime is one person, and some crimes are committed by several people, and the subject of the crime is several people.

According to the provisions of the Criminal Law, if a company, enterprise, public institution, organ, or group commits a crime, it constitutes a crime committed by a unit, and therefore, a unit can also become the subject of a crime. Be cautious.

2. The subjective aspect of the crime. refers to the psychological state of the criminal subject that the criminal conduct and the results of the criminal act they have committed. There are two kinds of mental states in the subjective aspect of crime, namely intent and negligence.

For example, if the offender commits the crime of theft, the offender wants to steal other people's property for himself; The crime of intentional injury is committed in which the offender wishes to cause bodily harm to another person. Some crimes are negligent in nature, such as the crime of arson, in which the offender has a state of mind of negligence. In the case where a unit constitutes a crime, the person responsible for the criminal act of the unit also has a subjective state of mind.

3. The objective aspect of the crime. Refers to the specific manifestation of a criminal act. For example, when committing the crime of fraud, the offender has the act of fabricating facts and deceiving others, and the crime of drug trafficking has the act of selling drugs, and so on.

4. The object of the crime. It refers to the social relations protected by criminal law and violated by criminal acts. The object of the crime is the object of the crime, such as homicide and injury, the object of the crime is the specific victim, and the object of the crime refers to the social relationship that the personal rights of citizens protected by the criminal law are not illegally infringed.

In criminal cases, the criminal conduct of the suspect must first be determined whether it is a knowing criminal act or a negligent act, so as to determine the corresponding punishment standard, and if it is an act of knowing the crime, the criminal punishment will be heavier, and in the case of negligence criminal conduct, the punishment will be mitigated as appropriate.

Criminality refers to the fact that if the law expressly stipulates that it is a crime, it shall be convicted and punished in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced. The legality of crimes is one of the basic principles of criminal law. Article 3 of the Criminal Law of the People's Republic of China has relevant provisions on this.

Article 3 of the Criminal Law of the People's Republic of China: Where the law clearly provides that it is a crime, it shall be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced. Article 4 of the Criminal Law of the People's Republic of China: All persons who commit crimes are equal in the application of the law. No one is allowed to have privileges beyond the law.

Article 5 of the Criminal Law of the People's Republic of China: The severity of the punishment shall be commensurate with the crime committed and the criminal responsibility borne by the criminal.