The Negation on the Dichotomy Between Wrongdoing and Guilt by Normalized Concept of Criminal IntentionStart with an Investigation of Academic History

From the perspective of academic history, the subjective and objective dichotomy between wrongdoing and guilt has different meanings. With the collapse of the principle of "objectification" of the subjectivity of legal interest infringement judgment and attribution theory, the subjective character of the illegal behavior attribution judgment is increasingly apparent. The criminal intention is not the psychological element of the fact but the judgment element with the normative function. The concept of normative criminal intention should include three parts: cognition, behavior determination and emotional will, in which the understanding of illegality should be filled in the emotional will so as to construct the normative face of criminal intention, while the judgment of expectation possibility is the premise for the establishment of normative intention. At this point, the two subjective elements of the criminal class are unified in the concept of normative criminal intent, and the existing dichotomy of illegal and guilt will exist in name only.