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在英国刑法中,犯罪故意(intenion)是犯意核心术语。在英国刑法中,有些犯罪只能由故意构成(如谋杀罪),故其理论地位至关重要。然而,我国刑法界对于英国刑法中的故意却了解不多,甚至还存在一定的误解,这些都制约着比较刑法学的深入发展。本文拟详细考察英国刑法中的犯罪故意,在此基础上分析其现状、考察其运行特色,并展开相关思考,为我国刑法与英国刑法的深入交流抛砖引玉。
In British criminal law, intenion is the core of the offense. In British criminal law, some crimes can only be constituted intentionally (such as murder), so its theoretical status is of crucial importance. However, the criminal law circles in our country do not know much about the intentionality in British criminal law, and there are even some misunderstandings, which restrict the further development of criminal law. This article intends to examine in detail the criminal intention in British criminal law. On the basis of this, it analyzes its current situation, examines its operating characteristics, and conducts relevant thinking, which paves the way for the in-depth exchange of criminal law and English criminal law in our country.