On The Understanding Of Criminal Law Error

Understanding of error is due to the Penal Code refers to the perpetrator of subjective or objective reasons, to make the conduct of one's own unlawful act, or lack of awareness of their own subjective and objective reality will have taken place in inconsistencies or deviations from. From this definition we can see that the Penal Code subjective awareness of errors and crimes are closely linked, so the right conviction, sentencing has had an important impact. China's Criminal Law for the Criminal Code does not recognize the error and make a clearly defined, but the social reality of the situation in the criminal law has recognized the error occurs from time to time, no doubt to the judicial practice is a big inconvenience.In the theory, knowledge of criminal law constitutes a mistake is a crime to the subjective aspects of the theory of one of the problems of crime, crime constitutes a theory in criminal law occupies an important position. It is the foundation of China's criminal law theory and core throughout the entire criminal law system. Many of the Criminal Code theoretical issues have constituted the basic theory and crime are closely related. Therefore, the theory of the crime constitutes a wrong understanding of criminal law studies, have deepened and enriched the study of the role of criminal law. In practice, due to wrong understanding of criminal law on the social impact caused by large cases have also occurred,Example, August 7,2003 took place in Beijing's Haidian District's "astronomical grape case" had a tremendous social impact, not only at that time but until now has been a judicial point of contention. Therefore, the study of criminal law in practice, knowledge of the error that could guide the judicial practice, and thus correct criminal conviction and sentencing of the perpetratorThe majority of the criminal law from the knowledge from the four errors were introduced, the first part of the criminal law recognize an overview of the error, the wrong understanding of some of the major concepts of criminal law, criminal law theory and the understanding of the error theory of intentional crime, domestic and international legislation, and research the status quo understanding of the meaning of the Penal Code was elaborated wrong to let everyone know the error of the Penal Code there is a macro-understanding; second part of the legal awareness of error, pointed out the error at home and abroad understand the legal status of the criminal responsibility legislation impact analysis of different theories erroneous understanding of the idea of law as well as the impact of criminal responsibility.The author made in conjunction with national conditions of China's own criminal liability for the settlement of legal awareness of the impact of error on the point of view; the third part of the fact that awareness of errors, the author analyzes the specific line that the abstract in line with that, the statutory line that an error of fact in dealing with the impact of criminal responsibility on a reasonable and defects of the Department, and accordingly put forward a reasonable solution to the fact that awareness of the wrong idea. The fourth part, the Penal Code on the erroneous theory in our understanding of the specific application of judicial practice, this is some of the major theoretical issues to analyze and resolve our country's judicial practice some of the problems that exist.In this paper, the main research methodology literature, in reading a lot of books, journals and other knowledge based on the erroneous theory of criminal history and have a comprehensive understanding of the status quo, and in combination on the basis of the actual use of quantitative and qualitative analysis method synthesizes various theory point of view, in this based on the analysis of various views of reasonable and unreasonable, the author concludes with the wrong understanding of the criminal law point of view.