Wrong Understanding On The Facts Of Criminal Law

Different from the general understanding of the cognitional error, the fact cognitional error in this article has criminal sense. In theory the exploration of fact cognitional error is mainly on whether taking criminal responsibility and what criminal responsibility. As for the responsibility of fact cognitional error, in ancient Roman, there was the provision that the fact cognitional error can be exempt from the criminal responsibility. However, at that time this provision was mainly applicable to civil law. After being introduced by the scholars in the field of criminal law, it made intense theoretical disputes, forming a variety of doctrines and points of views. Fierce debate over the theory explains the fact that fact cognitional error plays an important role in the criminal law. Meanwhile, the criminal law has the clear provisions on the fact cognitional error, which also indicates that it is of vital significance to guide judicial practice. Taken all this into consideration, we try to make a preliminary study on the fact cognitional error.Besides the introduction and epilogue, This article is divided into four parts:Part I: an overview of the fact that awareness of errors. This section introduces the domestic and international criminal law scholars on the fact that the error raise awareness of the various definitions of the fact cognitional error put forward by the criminal law scholars home and aboard. According to these definitions, combined with the main points of this paper, we propose our understanding of the fact cognitional error. Second, based on the definitions of the fact cognitional error, we come up with its three characteristics. Last, several influential classifications of the fact cognitional error are briefly reviewed, the third category of which is preferred. Through this part, we not only have a clearer understanding of the fact cognitional error, but also can make a distinction between this concept and other related concepts.Part II is the study on the theories of the fact cognitional error and legislation aboard. We introduce the theories and legislation of Anglo-American law system in England, American and France, and also of the Continental law system represented by Germany and Japan. The scholars in Continental law system countries, especially in Japan put forward various doctrines, such as theory of concrete conformation, statutory conformation, abstract conformation and so on. In particular, the theory of statutory and abstract conformation in Continental law system countries has occupied a powerful position. And these doctrines are of great enlightenment to the study on the fact cognitional error in China. So, this part mainly focuses on the various views and disputes on the concrete conformation, statutory conformation.Part III explores on the theoretical reform of fact cognitional error in Chinese mainland before and after the founding of PRC, and the study status quo in Hong Kong, Macao and Taiwan regions. Because of the late start of our theoretical study of the fact cognitional error and lots of theories referring to Continental law system countries, our study is relatively weak.Part IIII proposes the blueprint of fact cognitional error in our country. First, the scope of study, the fact cognitional error consisting of specific patterns, is introduced. Second, as far as the criminal responsibility of specific patterns of fact cognitional error is concerned, based on the study on theories home and aboard, our views are presented. At last, this thesis try to put forward the legislation idea of fact cognitional error with the purposes of better improving our present criminal law theory system and more effectively guiding judicial practice.