The Knowledge Of Illegality In Criminal Law

Consciousness of illegality theory in criminal law has been one of the most important theoretical problems, on which its system's research has the huge theory significance and the practice value. Consciousness of illegality theory includes the following several question territory generally: consciousness of illegality concept and connotation, the relations between consciousness of illegality and crime subjective aspect, consciousness of illegality in judicial utilization, consciousness of illegality in the systematic localization and so on. As a result of the length limit, this article elaborates the most important part of the article.The first part, the article firstly, from two aspects between the scope and the essential of consciousness of illegality, explicitly defines consciousness of illegality concept, and finds out conception confusion which the domestic scholars have been confused because of the linguistic environment. It has provided a solid theory basis for further thorough discussion. Secondly, the article defines consciousness of illegality connotation on basis of analyzing and comparing consciousness of illegality connotation of various theories.The second part, the article separately elaborates two important parts which are the relations between consciousness of illegality and intent, or the relations between consciousness of illegality and error. Firstly, the author agrees with the responsibility theory on the basis of analyzing and comparing merit and demerit of various theories which relate to the relations between consciousness of illegality and intent. Secondly, the author elaborates the relations between consciousness of illegality and error, through considering three problems which relate to crime essence of error, the construction of error, and the disposal in error of law cognition.The third part, on the basis of theory on the possibility of consciousness of illegality, the article elaborates specifically the judicial practice utilization. Firstly, the author elaborates the conviction and punishment of consciousness of illegality and intent. Secondly, the author puts forward thought route which transforms the possibility of consciousness of illegality into of avoidance possibility of mistake in law, and further brings forward a general principle which is able to decide avoidance possibility of mistake in law and some specific circumstances. Though combining a general principle and specific circumstances, the author believes may put this abstract theory into the judicatory practice, thus, it causes consciousness of illegality theory even more perfect and the maturity.