Research On The Illegal Consciousness

Illegal consciousness means to recognize the behavior is not allowed or prohibited by the law. There are always a considerable number of controversial issues whether the sentence of a crime request illegal consciousness. Through the inspection of changes of illegal consciousness in the theory and practice of criminal law in common law system, civil law system and the socialist legal system in our state. This thesis supports the argument that illegality consciousness should be restricted to the violation of the criminal code awareness. However, research on illegal consciousness should consist of both violation of the criminal code awareness and certain social harmfulness.Social hazard ness is the necessary cognition factor for the sentence of intent crimes. In contrast the violation of the criminal code awareness and its possibility is not the essential basis of sentence of crimes, but an essential responsibility element.