| In Chinese Criminal Law, "harmfulness to society" is the most characteristic expression in the concept of intention. Under the theory of normative culpability, to judge whether the actor intentionally committed a crime is no longer a simple fact-based judgment, but a normative judgment. "Harmfulness to society" shows that when consequences can be attributed to an actor, the actor must have the possibility of forming opposed motives. Intention means that the actor needs to know the facts, but he is not required to know whether his act is harmful to society. "Harmfulness to society" is used only to describe the nature of the act or the result. Norm standard theory means that, according to the laws of science, the state (as the total sum of norms) should use the facts recognized by the actor as judgmental materials to judge whether the act is harmful to society. Intention does not require the actor to know whether his act is prohibited by criminal law. The possibility of formal illegal consciousness is just the material used to judge the possibility of substantial illegal consciousness. "Harmfulness to Society" has already covered the possibility of substantial illegal consciousness, and there is no need to discuss the possibility of illegal consciousness beyond the intention. |
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