Theory Of Cognition Of Infringing Criminal Law

Cognition of infringing criminal law is an academic phraseology.There are not any clauses about cognition of illegality or cognition of infringing criminal law in our criminal law.In recent years,with the rapid process of criminal academic interchange between Chinese and foreign countries,more and more criminal jurisprudents in our country,begin to study the problem of cognition of illegality or the problem of cognition of infringing criminal law.We can find out that most of our criminal jurisprudents in our country,do not classify categorically between cognition of illegality and cognition of infringing criminal law,which make it contradictory and confounded more or less,to study the theory of cognition of illegality and the theory of cognition of infringing criminal law.Therefore,confining truly the differences between cognition of illegality and cognition of infringing criminal law,and confirming scientifically the characteristic position of cognition of infringing criminal law in our criminal law science,and studying deeply the theory of cognition of infringing criminal law,are all very important to establish the theory of our criminal law science and to guide the practice of our criminal jurisdiction.This thesis indicates clearly that the theory of cognition of illegality in continental criminal law system is a theory of crime formation,which includes illegality,liability and formation of crime,through defining the differences between cognition of illegality and cognition of infringing criminal law.The cognition of illegality in continental criminal law system is a substantial meaning of cognition of illegality,and is a harming legal benefit meaning of cognition of illegality,which is equal to the cognition of harming society meaning in our criminal law science.but,the cognition of illegality in continental criminal law system is not equal to the cognition of violating integral law in our jurisprudence,and is not also equal to the cognition of infringing criminal law in our criminal law science.According to the hereditary theory in our criminal law science,the cognition of infringing criminal law in our criminal law science is a conditional meaning of cognition of illegality,and is a legal meaning cognition of illegality,and is also a criminal law meaning of cognition of illegality.Therefore,only the cognition of infringing criminal law is the most important problem to study our criminal law science.So are the footings of this thesis.Firstly,the author indicates that illegality only is the character of violating law through analyzing the virtual meaning of illegality,otherwise,it can not be named illegality.On the basis of analysing the true meaning of illegality,according to the hereditary theory in our criminal law science,the author generalizes that the concept of cognition of infringing criminal law in our criminal law science.In the following,the author treats the nature character of cognition of infringing criminal law in our criminal law science,and specializes that the essence of cognition of infringing criminal law in our criminal law science,only is an ideal cognition that is one to one's deed,when one endangers society,and the culprit's cognition of infringing criminal law only is a subservient factor to judge the culprit's malignancy of injuring society for judicial department.Then the author analyses the positions of cognition of infringing criminal law in deliberate crime and in delinquent crime,indicates that the problem of the position of cognition of infringing criminal law in deliberate Crime and the problem of the position of cognition of infringing criminal law in delinquent crime are complex questions,which ought to be pondered carefully with concrete conditions.At last,on the basis of distinguishing the differences between the theory of expectation contingency and the theory of cognition of infringing criminal law,the author concludes that the premise of cognition of infringing criminal law,which must be calculated and determined in the practice of criminal jurisdiction,so as to offer theoretical guide for judicial department to judge culprit's cognition of infringing criminal law in the practice of criminal judisdiction.In order to formulate my opinions of studing the theory of cognition of infringing criminal law,this thesis will to be divided into four parts except for a peroration,about 35,000 characters.Partâ… :Concept and essence of cognition of infringing criminal law.This part is to define the concept of cognition of infringing criminal law and to generalize the essence of cognition of infringing criminal law.Firstly,the author analyses the virtual meaning of illegality,and introduces the views about the concept of cognition of illegality and the views about the concept of cognition of infringing criminal law,both in continental criminal law system and in our criminal law system.Then the author concludes the concept of cognition of infringing criminal law.Secondly,the author introduces the views about the essence of cognition of illegality in continental criminal law system,and analyses the views about the essence of cognition of infringing criminal law in the field of our criminal law.At last,according to the practice of criminal jurisdiction,the author concludes the essence of cognition of infringing criminal law.Partâ…¡:Positions of cognition of infringing criminal law.This part is one of the most important points of this thesis.This part is to analyse the positions of cognition of infringing criminal law in criminal theory.Firstly,the author analyses and generalizes the position of cognition of infringing criminal law in deliberate crime through introducing and researching the views about the position of cognition of illegality, and the views about the position of cognition of infringing criminal law in deliberate crime,both in Chinese and in Continental criminal law system.Secondly,the author analyses and generalizes the position of cognition of infringing criminal law in delinquent crime through introducing and researching the views about the position of cognition of illegality and the views about the position of cognition of infringing criminal law in delinquent crime both in Chinese and in Continental criminal law system.At last,it concludes that the positions of cognition of infringing criminal law in directly deliberate crime and in believable delinquent maybe are indispensable,and the positions of cognition of infringing criminal law in indirectly deliberate crime and in negligently delinquent crime are insignificant.Partâ…¢:Determination of cognition of infringing criminal law.This part is also one of the most important points of this thesis.In the first,the author analyses cognition of infringing criminal law in the field of expectation contingency,and distinguishs the differences between the theory of cognition of infringing criminal law and the theory of expectation contingency.Then the author concludes the concrete circumstances of cognition of infringing criminal law,and generalizes the prerequisites to determine cognition of infringing criminal law,according to the practice of criminal jurisdiction.In the second,on the basis of concrete cognition of infringing criminal law except for cognition of harming severely society,the author generalizes concrete operations for determining cognition of infringing criminal law in the light of the practice of criminal jurisdiction.The main target of this thesis is to offer theoretical guides and academic withstandings for criminal judicial department,to determine objectively actor's cognition of infringing criminal law,and to judge scientifically offender's malignant of harming severely society,and to convict and sentence legally.