犯罪目的的存在范围

On the Existence Scope of the Criminal Purpose

行为人产生对危害结果的放任态度,是因为行为人追求特定目的的行为意志处于主导地位,排斥不利于实现目的的因素,因而行为目的从属于追求意志,而非属于放任意志;犯罪目的处于犯罪意志层次,但并不都属于犯罪意志因素,有些超越了犯罪意志因素;不管是对刑法典相关规定进行逻辑分析,还是考察行为人放任态度与目的因素之间的关系,都能确定,目的犯中不存在间接犯罪故意。

The criminal purpose is a kind of subjective meaning that one wants his act to invade social good and pursue the hurt to come out. So the criminal purpose belongs to ones subjective attitude and lies in the criminal will, but all of purposes are not a factor of criminal will. Some purposes exceed the scope of criminal will. When we judge what the purpose of a crime is, not only the direct provision of penal code need to be took into account, but also the factual composition of a crime should be analyzed. In the crimes with indirect intention, there is no criminal purpose.