侦查视野下犯罪故意理论问题研究

Researchon Criminal Intent Theory from the Perspective of Investigation

犯罪的认定依赖于侦查的调查取证,刑法通说中犯罪故意理论有关意志因素的内容,使侦查工作很难达到侦查终结所要求的条件。刑法过于注重行为人的意志,极易导致侦查人员进行刑讯逼供,而意志作为行为人的终极心理现象,侦查人员也很难对其进行证明。刑法通说理论之所以过分看重意志,是由于没有真正认识到认识与意志的相互作用。事实上,认识因素在功能上完全可以代替意志因素成为犯罪故意理论的核心内容。

The determination of crime depends on the evidences that were collected by the investigators. However, the contents about the will factor in the general theory of criminal law make it difficult to meet the standards for the end of investigation. If criminal law pays too much attention to the will factor, it will cause the investigators to interrogate the criminal suspects by torture. The will is a kind of ultimate psychological phenomenon, so it is hard to be proved. The reason for the general theory of criminal law focus on the will is that the interaction between will and cognition is not completely recognized. In fact, the cognition factor can replace the will factor as the core content in the theory of criminal intention, because they are equal in function.