The Research Of Illegal Cognition

Illegal cognition stems from criminal law theory in the civil system. The status of Illegal cognition in the criminal law system has been a long-term debate in academic circle. And it is also a major basic question of criminal law theory. The relationship between illegal cognition and sin is the point in the debates. China's criminal law theory in academic circles, although illegal cognition start late, but the latest years it has also become a hot issue. Controversies focus on the contents of illegal cognition, the relationship between illegal cognition and cognition of social harm. I made on these issues to be discussed in this paper. The paper consists of four parts:Part one: It is a general survey of illegal cognition. Firstly, I analysis and comment on the theory of illegal cognition in academic circle. There are there points about the contents of illegal cognition in civil law system .China has also three points about this question. Through analyses and discrimination of the above doctrines, illegal cognition is not cognition of breaking the general code or law, but cognition of violation of criminal code. Secondly, the author analysis the relationship between illegal cognition and cognition of social harm. The author analysis and evaluate the doctrine of cognition of social harm and doctrine of cognition of formal illegality.Part two: It is a general survey of the mistake of illegal cognition. Illegal cognition and the mistakes of illegal cognition is closely linked to the concept of illegal cognition on the two angles. Theoretically, it is a touchstone of testing whether the theory of illegal cognition scientific. In the aspect of practice, the law of many countries on the legislation and case law is about the mistake of illegal cognition from the start to solve the problem of illegal cognition.Part three: The author deals with the theory about the status of illegal cognition in the formation of crime in continental countries and in China. Firstly, in continental law system counties different opinions about illegal cognition turn into two doctrine, which are doctrine of criminal intent and doctrine of responsibility. Secondly, an introduction of the civil law and common law system on the illegality of legislature as well as the case were investigated.Part four: This part analysis the feasibility of doctrine of illegal cognition in China's theory. We can adopt the concept of illegal cognition into our country. This can perfect China's crime code.