Theoretical Analysis of "Deliberateness" of the Crime: With a Theft Case as an Example
Zhou Guo-wen · Journal of Wuhan University of Science and Technology · 2006
The theft that is aimed at property of small value but ends with the acquisition of property of big value though against the will of the doer is object error rather than object deviation and should not be adjudged as crime of theft on deliberateness.Object deviation,being not an objective element error,does not affect the degree of deliberateness,while object error may constitute objective element error and rule out deliberateness.Deliberateness of the crime calls for the unity of cognition and will.On the one hand,deliberateness of the crime finds expression in both thought and action of the doer;on the other hand,the action of the doer is the process of expression and realization of deliberateness of the crime.For deliberate crime,the unity of subjectivity and objectivity is the one of cognition and will.