Research On Consciousness Of Illegality

For the offense, the state penal code is designated crime-cricle. Some penal code does not require the exclusion of criminal acts .It provides a standard of conduct for the general public value .It will be displayed by law so as to achieve the role of guide.A major purpose of the penalty is an effort to keep crime within limits. To achieve this purpose;the nation must develop a unified set of standards. The set of standards is as one set of guidelines for judgment, and as code of conduct for the common people on the other hand. When the person is committed the crime, it reflects the subjective socially harmfulness. The farther from perpetrator standards to the mainstream of society, the greater of socially harmfulness is. In deliberate crime, the perpetrator know his action is against the law and determined to do it, which shows the greater deviations from mainstream moral, legal standards and more serious harm to society. Instead, the behavior has no cognition of illegality, which means he dose not know their actions are illegal. The legal interests have been infringed upon, but it is vicious less subjective. It is noteworthy that, however, considerable social theory, standards of the law can not simply whether be in violation. If any violation of interests is forbidden, the law is too cruel. For those static, absolute point of view seems to be against the interests of the law. But from the point of view of the dynamic comparative consideration is not illegal. Only those beyond the consideration can be considered as illegal. Other major social theory used to explain the origin of harm negates that the objective is to be established. For those considerable social concepts, without socially dangerous acts can be seen as harmful.In this paper, the development and evolution of consciousness of illegality is introduced in China. Then the definition of consciousness of illegality is given. The core of this paper is around the discussion on the situation of the objective of crime.the situation of the consciousness of illegality in crime on purpose or on blame, and the allocation of compose of crime. A brief exposition of relationship between the consciousness of illegality and incorrect understanding of the law is discussed. To achieve the purpose of this paper is to maintain a system constitutes a crime under the current Criminal Law, Imputation of a function to increase the consciousness of illegality and look forward to the possibility of self-defense, hedging and other emergency circumstances in order to achieve the objective of reducing crime.