Cognition Errors Of Facts In Criminal Law

Cognition Errors of Facts in criminal law is very important and basic theory problem, but it also frequently casues puzzled in judicial practice. In theory, Cognition Errors of Facts directly related the basic theory of corresponding problems including subjective and objective aspects in criminal law, which often associated with intentional fault and responsibility. From the judicial practice of view, Cognition Errors of Facts related to the kind of problems, such as crime or not, the crime and another crime ,and Attempted Crime or Accomplished Crime. Knowing the fact that Cognition Errors of Facts in criminal law is very important in theory and confused in practice, the paper draw on the research of scholars at home and abroad as basis, using logical reasoning and analysis and comparison of methods, recognizing the error of the truth of the question, Error on the target to combat error , blaming the wrong cause and effect. The full text is divided into three parts, about 30,000 words.Part I:the summary of Cognition Errors of Facts . In this part, the author firstly recognize the definition of error, and consider the fact that errors and Cognition Errors of Facts belong to synonymous with truth, which is defined as a deliberate crime, and the perpetrator of the crime constitutes a subjective understanding of truth and objective truth, which are inconsistent. It aims to resolve the desired behavior incompatible with the people of the fact that criminal intent can be established. While Cognition Errors of Facts exist, but in general criminal law ,the error has been specificly stipulated, and in theory it also has its own independent integrity of the system. There is no need to take it as studying field. in order to deepen understanding of Cognition Errors of Facts, the author cited the following facts also recognize several common classification errors, in order to recognize the fact that happened and whether the facts belong to the same elements as the standard and recognizing the truth into the same error elements of truth within to recognize different elements of the error between Cognition Errors of Facts and the recognizing errors, including the fact that recognize the wrong target errors, and the causal link between the fight against the wrong error; besides, different elements of Cognition Errors of Facts including target errors and fighting errors.Part II: the theory of recognizing crime and punishmen about Cognition Errors of Facts. In this section, firstly, the author introduce the scholars's doctrine in the civil law system. on how to identify the same elements of truth within the errors and recognize different elements of the error between the truth of guilt, respectively, there is a specific and consistent with the statutory and in line with the Saying there is statutory and the abstract in line with the arguments. Immediately after that,the author also introduce our country's scholars doctrine about recognizing crime and punishmen about Cognition Errors of Facts: the Subjective and Objective Unify in the Complicity, and the crime in line with name of crime. Finally, the author analysize the disadvantage of Subjective and Objective Unify in the Complicity, the crime in line with name of crime , theory of concrete conformation and theory of abstract conformation. The author believe that theory of legal conformation is the standard to recognize the crime, in line with the statutory principle, equality principle, which shun off the disadvantages of other theories. In a word, the author believe that it is fit to take theory of legal conformation.Part III: analyze responsibility for the crime in Cognition Errors of Facts . In this part, the author take use of theory of legal conformation to analyze responsibility for the crime about target errors, fighting errors and causality errors. Through the example, define that for different situations about a variety of mistakes, recognize Cognition Errors whether interfere intent, as well as whether it constitutes a crime in the kind of situation, the crime he or she constitute and the specific form crime.