Distinction Of Illegality: Research On Consciousness Of Illegality

The consciousness of illegality orginate from the cognitve system with the civil law country'characteristic,the problem could be date back to the Roman'criminal motto:ignorance of law can not be exempt from penalty.in recent years, the chinese scholars make a lot of works to refence,to translate the consciousness of illegality.the author try to restore the contents of consciousness of illegality as well the contents of illegality,trying to prove that the contents of illegality is the same to the contents of consciousness of illegality.both contents of "illegality"is abtract value overall law.on the base of analysis,the author try to exchange the contents of illegality in the civil law country with the social-harmness theory.in order to find the poistion of illegality,the author restore the two-tier system of crime constitute:constitute-social-harmness. Under the differences of word between civil law country and china,the author insist on distinguishing illegality into the illegality of form and illegality of sub stance.then the author advise the way how to lead consciousness of illegality into the chinese crime theory.the author advocates that the consciousness of substance illegality is same to the concept- consciousness of social-harmness in our crime theory and stess the function of human rights on the consciousness of form illegality.the author advocate that consciousness of form illegality with deliberate and fault on the position of crime constitue is responsbility element.