Research For The Illegal Cognition

Illegal Cognition in civil law countries is an important issue. In recent years, with the impact of the Civil Law Theory of Criminal Law, Illegal Cognition is gradually become a hot debate. In this paper, the concept of illegal cognition, content, and civil law theories will be expounded. By introducing the details of the theory and development in China, we hope to change our corresponding theory.This thesis consists of four parts:Part I: This part will give reader an overview of the Illegal Cognition in civil law. After that we will introduce the concept of the illegal nature, content, status and role.Part II: After researching the Illegal Cognition in civil law countries such as Germany and Japan, criminal law theory from abroad and our knowledge of the illegal nature of the different starting point, the foreign and our understanding of the study on the doctrine of illegality to sort out. This chapter will first introduce Illegal Cognition in civil law countries, and then on the unlawful Introduce of various theories and the focus of controversy. After that I talk about our Criminal law theorists related issues. Through the analysis of these issues, we could make relevant comments.Part III: This part will introduce the theory of the Illegal Cognition and it's flawed in China. Based on the debate about our country's theory, we will point out the reason of the problem.Part IV: This part will pointed out the reform direction of China about Illegal Cognition in civil law. We will comment on two directions, Intentionally theory and restricted theory, on the basis of the excepting the possibility of illegal cognition. And put forward the corresponding suggestion.