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Re-thinking About The Illegal Congtion

Posted on:2011-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:X ShenFull Text:PDF
GTID:2166360305481371Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The term knowledge of illegality commission of a crime from the German-Japanese system of"unlawful",To"understand"the perpetrator of the acts in the implementation of the acts of their own understanding of the law does not allow. Knowledge of illegality would not affect the criminal intention of the establishment of, and relationship between the perpetrator of criminal responsibility, criminal law scholars abroad have always been the focus of long-Ju Song, is to study the value of knowledge of illegality. Knowledge of illegality to reflect the malignant behavior of human subjective state of mind of a crime is the attitude of the perpetrator embodiment ofanti-normative character.Actorsintheimplementation of behavior, that their conduct was lawful,but in fact it is illegal.Hazard that caused the results of objective circumstances, whether or not to pursue the perpetrators of criminal responsibility, that is,whether the law negates deliberate errors, it is not only a theory of criminal law and judicial practice in the difficult problems, but also for the place where I am confused.Chinas 80 years since the 20th century, began to explore knowledge of illegality, the key is the illegal nature of knowledge and understanding of the relationship between social harm to clarify.In this paper, knowledge of illegality of the study, research thinking on the Deep content is divided into five parts, the first in the introduction to the knowledge of illegality made a brief import, the body has four parts: the first part of the knowledge of illegality of the content, I believe that knowledge of illegality to clarify the various issues we must first define what is meant by unlawful sexual connotation as well as the unlawfulness of the"Law". In this section the author describes the illegal nature of each substance, illegal nature of the content of knowledge, I believe that the substance of the unlawfulness of the Law refers to the benefit abuse, knowledge of illegality is a general understanding of legal norms. Including criminal law, civil law, economic law, administrative law and other legal norms of understanding, but not confined to the criminal law norms of understanding, or expanded awareness of the ethical code of ethics. The second part deals with aspects of knowledge of illegality and crime, the relationship between subjective. The first is knowledge of illegality and crime intentional relations, civil law and China's criminal law theory have different opinions, the paper gave a detailed exposition. I believe that knowledge of illegality is a crime ,intentionally understanding of the contents of intentional crime, the establishment must have an offense of sexual awareness; Followed by the illegal nature of the relationship between knowledge and criminal negligence, Pens Believed that crime, negligent fault into the fault and the fault of over-confidence in the fault of the negligent acts do not have the knowledge of illegality, in the fault of over-confidence, the perpetrator must have the possibility of knowledge of illegality, if the perpetrator neither have knowledge of illegality, and no possibility of knowledge of illegality, even if the harm caused a result, no crime was established. The third part is knowledge of illegality in the commission of a crime the status of the system, this part mainly introduces the knowledge of illegality in the commission of a crime the civil law system status, and have deliberately and responsibilities of that distinction, said that China's criminal legislation to emphasize is social harm .Understanding of the Penal Code, there is no knowledge of illegality of the place. The last part is about the judicial practice in the identification of knowledge of illegality. Focus on the law do not know, misunderstanding of the law dealing with the special circumstances, the author carried out a detailed introduction. The identification of knowledge of illegality can not be across the board, it should be a concrete analysis of specific situations.I tried five-part introduction to the paper to explain my views and ideas of some immature, I believe that knowledge of illegality should be replaced by awareness of the social harm of criminal intention to become the content, as long as the behavior of people understand that their behavior is not by law Allow or may be permitted by law, and objectively, the act was prohibited by the Penal Code, then the perpetrator of the act may constitute a crime. Should be considered harmful to the society is not a judicial issue, but lawmakers in the conduct of a standardized time to consider the issue. But here is an awareness of the illegal nature of the overall awareness of legal norms, And not limited to knowledge of the criminal laws and regulations, but only the perpetrator of the existing regulations have a knowledge of probability, without precise knowledge of the law. Finally, I believe that to solve the issues related to knowledge of illegality, not only improved the criminal law theory and practice of justice is also a major breakthrough in the commission of a crime against our current system, a major change has important theoretical significance and practical significance. I hope that teachers will critics correction.
Keywords/Search Tags:knowledge of illegality, social harmfulness awareness, criminal intention, criminal negligence
PDF Full Text Request
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