On The Cognition Errors Of Facts In The Criminal Law Theory

Cognition Errors of Facts in the criminal law theory is a difficult problem not only in thearea of theory, but also in the judicial practice. It not only affects whether defendants’criminal purposes exist or not, but also affects willful crimes’ constitution or accomplishment.To solve the problem, for one thing, we should make some discussions in the theory, foranother, in the legislative practice, we also make our criminal law much better and give rulesto solve the problems in the judicial practice.This article is divided into three parts to discuss Cognition Errors of Facts.The first part is an overview of Cognition Errors of Facts. First of all, it makes ananalysis on the concept of Cognition Errors of Facts. The article shows a certain definitionfrom making a comparison between two main opinions. It shows that Cognition Errors ofFacts is a kind of discordant between the cognition of the objective action written in the lawand the reality. Secondly, this article expounds the features of Cognition Errors of Facts fromobjective and subjective view. Thirdly, Scholars in our country or oversea countries don’thave a similar viewpoint on the position of the theory of Cognition Errors of Facts which inthe criminal system. This article makes a comparison, and then shows that Cognition Errors ofFacts can hold back the criminal illegality of an action.In the second part, we discuss the classification of Cognition Errors of Facts. There seemmany differences on the classification between internal and oversea countries’ theory. But infact, we think the standard of the opinions is similar, which is the content of the CognitionErrors of Facts. This part shows the classification through discussing the standard of theclassification.The third part is about the settlement of Cognition Errors of Facts. This is the emphasisof the thesis, because this part is to solve the problems in the judicial practice. Therefore, thisarticle gives some comments to the academic opinions, and then to show its own opinion. Onthe topic of the settlement of Cognition Errors of Facts, there are mainly three theories:Theory of Statutory Conformation, Theory of Specifics Conformation and Theory ofAbstractness Conformation. All of these are only belonging to the concrete rules, whichmaybe useless in the settlement of some complex problems. Therefore, it needs someprinciples to guide. This article provides two principles from referring other scholars’opinions. And then, to analyze the defects of the theory of Conforming To the Law, Conforming To The Specifics and Conforming To the Abstractness, and shows the author’opinion.