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Study Of Illegal Cognition

Posted on:2009-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:L F DingFull Text:PDF
GTID:2166360245495761Subject:Law
Abstract/Summary:PDF Full Text Request
Cognition of illegality has been a hot issue in Continental Law System countries and is also a basic question of theory of criminal law. This thesis consists of four parts: the content of cognition of illegality and so on; the introduction to and assessment of the theories of cognition of illegality in Continental Law System; Chinese scholars' introduction to and assessment of cognition of illegality; the Judicial judgment and disposal of cognition of illegality.PartⅠbegins with the concept of illegal cognition and various opinions on its theories.PartⅡmakes an introduction and assessment of the position that cognition of illegality in the criminal theory in Continental Law System countries. This part also introduces various theories of cognition of illegality in the circle of law in China. This chapter advances the view that mistake of violating the law prevent the constitution of criminal intention and the absence of possibilities of illegal cognition prevents the constitution of negligence of crime.PartⅢstarts with mistake of violating the law and the principles of dealing with them.PartⅣthe author probes into judgment subjects an norms of cognition of illegality .In addition, by making full use of legislative modes of illegal cognition adopted by other countries, this part advances several pieces of advice for perfection with regard to the illegal cognition problems of the criminal law in our country.
Keywords/Search Tags:Cognition of illegality, the possibility of illegal cognition, mistake of violating the law
PDF Full Text Request
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