On The Cognition Of Illegality In Chinese Criminal Law

This article focus on the status of cognition of illegality status of China’s criminal lawtheory of criminal intent and negligence which is in controversial。 This theory has a muchclear view of the criminal law in Germany and Japan, that is, cognition of illegality should bean element of the three-stage theory in western country. In China, if the cognition of illegalityshould be the elements of the criminal constitute——accurate to say that there is a hugecontroversy that cognition of illegality should be the elements in criminal intent andnegligence. Clarifying the problem is helpful to define the connotation of criminal intent andnegligence、conviction and imposing penalty、perfect the system of constitution of crimes.In this article, there is a total of four chapters which principally focus on that if thecognition of illegality should be the elements of the criminal constitute, and its significance inChinese criminal system, and how to practice it.The first chapter consists of two parts. The first part describes the origin of the cognitionof illegality, including the process of development in foreign countries and transmutation. Thesecond part focuses on the status of the theoretical research in China as well as the need forthe introduction of the theory.The second chapter introduces the concept of cognition of illegality. We discuss theconcept of the cognition of illegality in three main areas in order to clarify the cognition ofillegality content. The first is the concept of cognition of illegality. The second aspect mainlycontents the inspection of the cognition of illegality. The paper argues that illegality is definedas the breaking legal norms. The third aspect mainly discusses the need to achieve the degreeof cognition of illegality.The third chapter describes the status of cognition of illegality. This chapter describes thestatus of cognition of illegality in the criminal intent and criminal negligence. This questionrelates to the significance of the existence of the cognition of illegality.The fourth and fifth chapter introduce the significance of cognition of illegality in thejudicial practice and its specific operations pathway.