Illegality Recognized Research

Illegal cognition is a major problem concerning basic theories that has been heatedly debated among the theoretical circle of criminal law in continental law system, while the role that it plays in demonstration of criminal offence is the point at issue. In our country, though the study on this problem got off to a late start in criminal law circle, it has been rather heatedly debated in recent years. This paper attempts to present my humble opinions on the problem of illegal cognition in the criminal law study for the purpose of further exploring criminal law theory.This paper consists of 6 chapters:Chapter one: Introduction. This chapter expounds the significance of this paper and the development of the theories of illegal cognition.Chapter Two: The concept of illegal cognition and various opinions on its theories. This chapter includes 3 parts:(1) Part 1 clarifies the theoretical premise of illegal cognition and then discusses the essence and content of illegality through comparison between theories on illegality of criminal law theory in continental law system and the theories on social harmfulness in criminal law theory of our country.(2) Part 2 introduces and comments on various theoretical opinions concerning illegal cognition theory in continental law system.(3) Part 3 comments on diverse theoretical opinions in terms of illegal cognition theory in our country.Chapter Three: Criminal illegality cognition and social harmfulness cognition. This chapter is the heart of this paper, including 3 key points. Firstly, it analyzes the concept of social harmfulness cognition. Secondly, it discriminates social harmfulness cognition and criminal illegality cognition from the aspect of macroscopic legal culture and legal principle. Then, from the aspect of microscopic legal system it differentiates and analyzes the social harmfulness cognition and criminal illegality. Finally, it holds that illegal cognition should take place of the original position that social harmfulnesscognition has held in criminal theory.Chapter Four: The position that illegal cognition holds in criminal guilt. As a natural conclusion drawn from the replacement of social harmfulness cognition by illegal cognition, specifically this chapter includes two points: (1) the position of illegal cognition in criminal intention and (2) the position of illegal cognition in negligence of crime.Chapter Five: mistake of violating the law and the principles of dealing with them. This chapter includes three points:(1) Mistake of violating the law and criminal guilt. It analyzes various opinions on the relationship between, mistake of violating the law criminal intention and negligence of crime from the theoretical aspect.(2) The boundary of mistake of violating the law and mistake of fact. It holds that the types of mistake should be distinguished from the aspects whether mistake are related to relevant facts or to relevant evaluation by law.(3) Principles of dealing with mistake of violating the law. It argues that mistake of violating the law prevent the constitution of criminal intention and the absence of possibilities of illegal cognition prevents the constitution of negligence of crime.Chapter Six: Judicial confirmation and legislative perfection of illegal cognition. This part analyzes several problems that one should pay attention to when confirming illegal cognition and its possibility in judicial practice. In addition, by making full use of the legislative modes of illegal cognition adopted by other countries, this chapter advances several pieces of advice for perfection with regard to the illegal cognition problems of the criminal law in our country.