西南石油大学学报(社会科学版) ›› 2014, Vol. 16 ›› Issue (3): 65-69.DOI: 10.3863/j.issn.1674-5094.2014.03.013

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The Influence of Behavior Motivation on Conviction and Penalty Measurement  -A Discussion from the Perspective of Reasonable Expectation

REN Yi   

  1. School of Law, Southwest University of Political Science and Law, Chongqing, 401120, China
  • Online:2014-05-01 Published:2014-05-01

Abstract:

According to criminal law, the motivation definition is based on the process and type of behavior motivation, and the behavior motivation features a connection to criminal intent. Experts hold different views about the substance of reasonable expectation which stress the element of responsibility, personality responsibility and plots respectively. Among them, the view that stresses plots is the most acceptable. By analyzing the formation and types of behavior motivation and reasonable expectation, we found that there are close connections between behavior motivation and reasonable expectation. Namely, behavior motivations affect conviction and measurement of penalty by way of reasonable expectation. In general, behavior motivation can result in remission of conviction, but there also exceptions that can result in exoneration of conviction. 

Key words: behavior motivation, reasonable expectation, remission, exoneration of conviction;