The Study On The Practial Principle Of Cognition Errors Of Facts In Criminal Law

The cognition error in criminal law under continental law system has been divided into two parts-the error of fact and the error of law. The cases about error of fact in criminal law are in extremely fierce debating. There are no expressly provisions on cognition errors of facts in the Code of Criminal Law in China and also it’s been discussed fiercely in the theory of criminal law, which caused different standards in practice.This essay will based on the theory of Criminal Law in China,referring to the theories about solving the cases of cognition errors of facts in foreign countries. According to the verdict that all theories about cognition errors of facts must based on the constitutive elements of crimes, the author argued that Theory of Statutory Confirmation should be adopted as principle of Cognition Errors of Facts solving.The full text was divided into three parts. Part I:Summary of Cognition Errors of Facts. In this part, the author firstly drew on the research of scholars at home and abroad as basis. There are three academic schools-the Theory of Specific Confirmation,the Theory of Statutory Conformation and the Theory of Abstract Conformation in foreign countries. There also some theories on solving cognition errors of facts in our country.Part II:The Scope and Principle of Cognition Errors of Facts. In this part, the author firstly recognized the definition of error, then author expounded the relationship between the theory of error and the theory of criminal intention in detail. Cognition errors of facts means that the actor had a wrong cognition on the result causing by his behavior. In this part, the author tried to explain the standpoints by listing series of cases.Part III:The Application of new Theory of Statutory Confirmation. In this part, the author argued that the single cognition errors of facts and the accomplice cognition error of facts.