On The Illegal Cognition Errors

The text with about 30000 characters consists of 4 parts, which try to put forward some viewpoints of the author on the error in cognition of illegality:The 1st part begins with the definition of the error in cognition of illegality. Two related concepts are also defined in order to help to understand this concept, that are illegality and cognition of illegality. In this part, the error in cognition of illegality is defined as the discordance between the subjective cognition and the objective situation, both of which are about whether the act breaks the criminal law.The 2nd part fixes position of the error in cognition of illegality in the system of error theory. The errors in criminal law should be divided into two sorts that are error in cognition of illegality and error in cognition of fact. And, the error in cognition of illegality also could be divided into two types which are narrowed meaning error in cognition of illegality and hallucination crime.The 3rd part fixes position of the error in cognition of illegality in the system of crime theory. This part mainly discusses the relationships between the error in cognition of illegality and criminal intent or criminal negligence. On the criminal intent, cognition of illegality is one of the elements of the criminal intent and error in cognition of illegality obstructs the existence of criminal intent. As for criminal negligence, cognition of illegality is one of the elements of readily believe but not element of neglect, while error in cognition of illegality can obstruct the existence of the readily believe negligence but neglect.The 4th part discusses the determination of the error in cognition of illegality. This part starts with comparison between the cognition of illegality and the cognition of social harmfulness, and then describes the function of the error in cognition of social harmfulness in determining the error in cognition of illegality. Finally the author brings forward the measure which should be taken to determine the error in cognition of illegality.