| 1. | In the author ’ s opinion , there are two causes for the birth of this concept , one is that the differentiation between the indirect intention and recklessness is almost impossible both in theory and in administration of justice , which in fact , has been studied for hundreds of years without unquestioning conclusion and therefore was considered by germany criminal law experts as one of the most difficult questions in criminal theory
如果这些问题得不到完满地解释与妥善地解决,不仅不利于学术研究的发展,而且将直接影响司法实践的正常运作。进一步地理论研究与相关的司法解释表明,许多情况下,同一具体罪名的罪过形式的确可能有跨种越类的两种,既有间接故意,又有过失。 |
