一、故意故意是指客观构成要件该当事实的认识或预见。通过此种认识,到达自己意图要实施的行为是不被允许的、是违法的认识,进而期待行为人对其加以放弃。尽管如此,仍旧实施了违法行为,发生了构成要件该当事实时,便成立故意犯。故意,始终是指此种事实的认识,进而与自己意图要实施的行为是违法的意识或认识相区别。违法性认识,只要其形成是可能的即可。现实上存在违法性认识是故意犯的成立要件的见解,实际上是不存在的。当然,在学说上,存在严格故意说,主张违 First, deliberate intentional intention refers to the objective elements of the understanding or foresight of the facts. Through this kind of understanding, it is not allowed to reach the act that they intend to carry out, and it is the recognition of illegality and then expect the perpetrator to give up. In spite of this, the illegal acts have still been carried out and the intentional guilty conspirators have been established when the constituent elements of the crime have occurred. Intentionally, always refers to the understanding of such facts, and then with their own intention to implement the behavior is illegal awareness or awareness of the difference. Illegal awareness, as long as its formation is possible. In fact, the existence of illegitimate awareness is a deliberate element of the founding elements of opinion, in fact, does not exist. Of course, in doctrine, there is a strict intentional to say, advocate illegal