earticle

영어

The purpose of this study is to provide directions for reorganization of the crime organizational system by devising improvement measures along with examining contents and functions of criminal intent theory in China by applying comparative method to Korean and Chinese criminal intent theory.
The first part of this study is the introduction, second part is the major contents of the criminal intent theory in Korea, third part is the major contents of the criminal intent theory in China, fourth part is the comparative examination of Korean and Chinese criminal intent theory, and the fifth part is the conclusion.
In the first part "Introduction", I referred to position, function and theoretical roles of criminality theory in Korea, and pointed out the position and function of criminal organizational system in China in order to emphasize the importance of criminal intent in reorganization of the criminal organization system. In the second part "Major contents of the criminal intent theory in Korea" I introduced the concept, essence (Discrimination between willful negligence and cognitive negligence), components, types, positions and functions of criminal intent in the theory of criminal law in Korea. In the third part "Major contents of the criminal intent theory in China", I introduced the concept, essence (Discrimination between indirect negligence and direct negligence), components, types, positions and functions of criminal intent in the theory of criminal law in China. In the fourth part "Comparative examination of Korean and Chinese criminal intent theory", I briefly explained the common characteristics of Korean and Chinese criminal intent theory and presented and discussed the two different features. The first different feature is that the commonly accepted theory in Korea is the 'Limited responsibility theory' and it is the 'Substantial intent theory' in the aspect of recognition in illegality and criminal intent. The second different feature is that the commonly accepted theory in Korea approves the dual positions and functions as the organizational factor criminal intent and responsible formality criminal intent. In China however, the commonly accepted theory only emphasizes the decisive functions upon subjective malignancy (Possibility of criticism) of the intentional performers as the general factor among subjective organizational factors. In the fifth part "Conclusion", I discussed the contents that are necessary to be improved in criminal intent theory of China. That is, I expressed the formal criminal intent theory which claims criminal illegality recognition be the factors of criminal intent in the aspect of socially harming recognition ․ criminal illegality recognition.