Journal of Northeastern University(Social Science) ›› 2016, Vol. 18 ›› Issue (5): 518-524.DOI: 10.15936/j.cnki.1008-3758.2016.05.012

• Law • Previous Articles     Next Articles

On the Provisions of Attention in Criminal Laws

ZHOU Ming-chuan   

  1. (Law School, Shanghai Jiaotong University, Shanghai 200030, China)
  • Received:2016-01-10 Revised:2016-01-10 Online:2016-09-25 Published:2016-09-22
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Abstract: “Reminding” is not an essential feature of provisions of attention in that what stipulates constructive conditions and sentencing circumstances is not included in the provisions of attention. Given such defects as the violation of prescribed principles of legality and the shortage of constructive condition theories, it is necessary to confine the scope of legal fictions by interpreting dubious clauses as attention provisions. Except for what is stipulated explicitly in criminal laws, it is not recommended to acknowledge legal fictions and take unintentional crimes as intentional ones. However, it is better to interpret dubious provisions with such theories as constructive conditions, crime quantity and complicity rather than attention provisions and legal fictions because the distinction between attention provisions and legal fictions should be based on the proper applications of traditional criminal laws.

Key words: provision of attention, legal fiction, constructive condition, crime quantity, complicity

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