On The Knowledge Of Illegality

The dissertation discusses some essential problem about illegal consciousness in criminal intention scope. It consists of three parts: definition of illegal consciousness, constitution of illegal consciousness and value of illegal consciousness.By analyzing the two relationships between illegality and illegal consciousness, illegality and factual consciousness in the first part, the author concludes that illegal consciousness is based on factual consciousness and its essence is formal illegal consciousness of conduct. That's to say, if people recognize that he offends law in formal, we can consider he has illegal consciousness, even though he does not recognize he offends law in essential.The constitution of illegal consciousness is discussed in the second part, and mainly discussed from the two aspects: connotation and degree of conscious. The author maintains that the connotation of illegal consciousness is the consciousness of violating law or violating legal order, and also the connotation of consciousness is direct and practical but not doubtless in degree.Through analyzing the main doctrine of illegal consciousness around the world and comparing the merit and demerit of illegal consciousness and the feature of social harm, the author concludes that the consciousness in criminal intention is illegal consciousness of conduct, thus affirms the merit of illegal consciousness in criminal intention. At last, in judicatory cognizance of illegal consciousness, the author puts forward that the judiciary should judge on specific case and the principal of correspondence between subjectivity and objectivity.