Abstract

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Title:: Distinguishing Mistake of Fact from Mistake of Law by SubstantiveIntention：Taking Environmental Crimes as an Example

Keywords:: mistake of fact; mistake of law; substantial intention; environmental crime

Abstract:: Criminal intention，seldom clearly defined in foreign laws，is described in Clause 1 of Article 14 inthe Criminal Law of People’s Republic of China as follows：an intentional crime refers to a crime committedby a person who clearly knows that his act will produce socially dangerous consequences but who wishes orallows such consequences to occur. This is actually a concept of substantive intention. Whether it is a flat orhierarchical system of crime，the distinction between the mistake of fact and the mistake of criminal law lies inthe possibility of identifying an intentional crime. As for catching or killing rare and endangered wild animals，we can determine whether it is possible for the party involved to recognize such features of the animal he or sheis hunting as whether it is a wild animal，scarce in number and in need of protection according to such factors ashis or her occupation，knowledge level as well as the location，time and frequency of the hunting. That is，thecriteria should be whether the suspect has a criminal intention and whether his or her intention is legally wrongenough to be condemned.