Judicial Application of the Intent Theory's Localization:A Path to Implement the Principle of Culpability by Quantifying the Avoidability of Mistakes of Law
Judicial Application of the Intent Theory's Localization:A Path to Implement the Principle of Culpability by Quantifying the Avoidability of Mistakes of Law
The localization of the intent theory is more suitable for the current state of China's criminal constitution system.How-ever,issues such as difficulties in proving subjective elements of the crime and the establishment of negligent offenses expose its defects,hindering the localization process.This paper proposes using the unavoidability of mistakes of law as a starting point,combined with the standardized application of presumption methods,to balance the risk of legal ignorance between the state and individuals.This approach aims to deepen the implementation of the principle of culpability,focusing on solving the practical dif-ficulties in proving the awareness of illegality as an element of crime constitution.
关键词
责任说/故意说/推定/违法性认识错误的可避免性
Key words
culpability theory/intent theory/presumption/avoidability of mistakes of law
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