数额认识错误初论

Study on the Issue of Error of Cognition in Amount

数额认识错误,是指行为人对表现为货币或财物的行为对象的经济价值量的认识错误,即行为人主观上认识到的行为对象的经济价值与实际经济价值的不一致。从本质上看,它并不是一种独立的错误类型,而是属于事实错误中的对象认识错误。是否属于数额认识错误,应当依据法定符合说进行判断。行为人对行为对象数额的认识错误超出构成要件所要求的限度,就会影响到故意的成立以及行为人的刑事责任。

The Error in Cognition refers to any error in cognition of an actor on the value of a subject, which may be as cash or any properties. This is to say, there is inconsistence between the value of a subject in an act recognized by the actor and the actual value of such a subject. From its very nature, the error of cognition in amount is not a separate type of error, but an error of cognition in the subject, which belongs to a type of error of cognition in fact. The identification of error of cognition in amount shall apply the doctrine of consistence with statutory constitutive the subject made by the actor exceeds the limitation as requirements. If error of cognition in the amount of specified under the concerning constitutive requirements, it will influence the establishment of an intention and the determination of criminal responsibility of the actor.