Research On The Knowledge Of Illegality

Illegal cognition is a relatively old topic. It can be traced back to the old first Roman motto, "I do not know the law is not exempt. " The so-called illegal cognition refers to actors for their own behavior is not permitted by law, the nature of understanding. With the development of society and increasingly comprehensive legal system, the principle is to accept the impact of modern legal concepts, understanding of various theories about the illegality of the rise and change, so that research in this area become an important, and its research value Gradually for the judicial practice test. In this paper, drawing on previous research results illegal cognition based on the cognition of law and social Damage is the distinction between intentional and criminal justice practice and guidance on issues such as conduct a more in-depth study in order to And illegal activities, recognize the judicial practice to provide a reference. Specifically, this paper includes the following four parts:This article begins with understanding the basic theory of the illegal nature of the problem started, what is illegal sexual awareness, awareness of the illegal nature of the specific details of the theoretical system of criminal law in the country's status was discussed. Knowledge of the nature of the illegal acts in violation of the law is the specification or not as an obligation as an obligation, while it reflects the behavior of people in the whole legal order or legal personality attitude. Awareness about the illegality of what is the specific content of the problem, China's criminal law scholars in the common law and civil law countries, the views of scholars and theories were based on questions. The third point that some were aimed at the analysis and elaboration. I believe that, based on consideration of the contemporary situation, the illegal nature of the specific content knowledge is defined as the general awareness of the illegal nature of a more reasonable number. In addition, the civil law countries is the responsibility of the illegal nature of intentional understanding in the problem, while common law countries is an error of law by discussing how to deal with the illegal nature of awareness of this problem. In the second part of the criminal law theory from the analysis of the understanding of the social dangers of proceeding on the illegal nature of knowledge and understanding of the relationship between social harm were deeper analysis, mainly for production of four different combination Model put forward their own views. The third part is about the illegal nature of the relationship between knowledge and criminal intent issues. This part of the civil law countries recognize the unlawfulness of scholars do not say, deliberately said and responsibilities that were analyzed, compared and demonstrated, on this basis with the current criminal law scholars in China on this issue arising from the four major law point of view of theory of knowledge: Social Damage is necessary to say that the illegal and unlawful sexual knowledge necessary to understand the possibility of that, I believe that China and Germany and Japan recognize the illegal nature of the similarities is that both theoretical perspectives discussed from both positive and negative knowledge of the illegal nature of the problem: First, know how to deal with the illegal nature of the error or mistake of law; the second is the possibility of illegal cognition and its significance for what the establishment of a crime. I believe that illegal cognition and social cognition that alternative more in line with the contemporary form of legislation and the status quo.The fourth part is against the law of the practical significance of understanding the problem. We study the ultimate aim is to solve the problem, or how to deal with the ultimate end result appears in real life and illegal cognition-related cases. Mainly from the analysis of the lack of understanding of illegality defenses that do not know the law and the misunderstanding of two aspects of the law, and legal literacy crime, judicial practice of euthanasia there is a big focus of the dispute based on the knowledge of illegality Judicial practice and significance of the guiding role of say a few words and Universities.