Knowledge Of Illegality And Deliberately

Whether the criminal intention includes the understanding of illegality is still a controversy. Lawlessness includes formal lawlessness and essential lawlessness. There are three kinds of representative theories about lawless acknowledgment including affirmation, selection and negation in the academic field. The intention of this thesis is to probe into this problem and the writer analyzes lawless acknowledgment at several aspects. This thesis is divided into four parts.In the first part this article briefly lays out the historical evolution of lawless acknowledgment in the continental law system (Germany and Japan) and the common law system. And then it defines the circumscription of lawless acknowledgment from the view of colligating the legal prejudication: lawless acknowledgment called illegitimate acknowledgment is pointed that someone's recognition to the behavior the law prohibits when he behaviors something.In the second part comparison and analysis with regard to lawless acknowledgment between our country's scholars' theories and foreign scholars' theories is made both in practice and legislation. And it also distinguished lawless acknowledgment and related problems. In the process the writer puts forward thus a problem, that is: whether the cognition factor in criminal intention includes criterion estimation? The writer insists that cognition factor of a doer should contain criterion estimation from the view of the relationship between intention and criterion estimation and concludes that lawless acknowledgment should be an essential element.The third part mainly discusses how to define lawless acknowledgment. Is the content of intention formal lawlessness or essential lawlessness? The writer considers it is impossible that some scholars try to unit formal lawlessness and essential lawlessness. At the meantime formal lawlessness is not worth adopting. On the contrary, the writer thinks that we need estimate the problems of lawless acknowledgment renewedly. The writer claims we can induct the concept of criminal legal interests. And the writer considers the concept of criminal legal interests makes us believe that essential lawlessness be the content of intention. Thewriter's conclusion is that the infraction to legal interest should be an element of intention.The fourth part describes the concept of legal interest. And it dissertates the historical evolution of legal interest and it also points out that the induction of legal interest is a good guideline to constructing the criminal buildup theory. Finally this part also explains the concept of the criminal objection.