Dissertation > Political, legal > Legal > UNIVERSITY > Criminal law

Research on Factual Errors in Criminal Law

Author LiJing
Tutor DingJie
School Shandong University
Course Legal
Keywords factual error object error target error means error error of act nature error of hitting error of causation
CLC D914
Type Master's thesis
Year 2011
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Factual errors in criminal law, is that an actor misunderstands the factual situation which is correspondent with his behavior, namely the subjective understanding of the situation of human behavior is not consistent with the objective phenomenon. In real life, people’s subjective knowledge and objective reality inconsistencies is very common and varied, but the study of error of fact in criminal law is not to the situation of all the inconsistencies of subjective knowledge and objective reality, but refers only to those factual errors which is closely related with assuring actor’s sin, sin form and criminal responsibility. Based on this, the factual error in the criminal law must be implemented in a deliberate course of conduct harmful to society. Pure negligence, such as taking mistakenly toxic drugs to patients leading the death of patients, though there is knowledge of the factual error; it is not the study scope of criminal law. The factual errors in criminal law, refers to those factual elements which are closely related with criminal composition of criminal law, such as objects, acts, methods, objects, etc., and the factual errors, which has no relation with establishment of crime,such as the perpetrator mistakenly kill a man as a woman in the robbery, etc., is not in the list of errors of fact, The problem that errors in the criminal law concerning the sin of perpetrator the sin form and the criminal responsibility is an important area in criminal legislation and criminal law theory. Researching on this issue has important theoretical significance; The problem that errors in the criminal law is also a more complex issue of criminal legislation and criminal law theory. The doctrine say on this issue is varied, and therefore the researching on this issue also has important practical significance. This paper based on the theory and practice of factual errors in our criminal law, and referred foreign-related legislation and theory, divides factual error into target error, object error, means error, the error of act nature, the error of hitting and causation, all of six kinds. On this basis, the paper puts in order a variety of factual errors from the concept, characteristics and principles of various aspects of the system, trying to clarify the legal boundaries of all kinds of factual errors, in order to clarify some misconceptions in practice, and puts forward its views and opinions about factual error of various manifestations and characteristics within the framework.

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