The Illegal Cognition

The concept of "Illegal Cognition" originally came from the maxim of RomanLaw "Ignorantia juris non excusat". However, with the further development of LegalTheory, in the legal civilianization society, this saying "Ignorantia juris non excusat"has been greatly questioned.As for our country, China brought in the concept "Illegal Cognition"which comefrom Continental Law System. But it is not equal to the understanding that we knownothing about it on both of theory and practice of Criminal Law in our country. Eventhough Chinese Criminal Law does not draft any specific rules, a large number ofdomestic scholars have scrutinized on it, including connotation of "Illegal Cognition",whether it is a symbol of intentional offense, the relationship between "IllegalCognition" and "Consciousness of social damage", how to determine the "IllegalCognition", etc. And universal attention has been attached to the concept of["IllegalCognition". There was a strong debate in our country on "Illegal Cognition" and ittook a long course after which we decided to accept it. With the strong urge of"Human Rights Protection "today,"Illegal Cognition" has gained more and moreacceptance.This thesis has analyzed the following aspects of "Illegal Cognition", connotation,functions, standards of cognition and methods of identification. In chapter1, I presentthe concept and connotation of "Illegal Cognition". That is the behavior’sunderstanding on his violative action against legal regulations or legal system. Inchapter2, I utilize from5different aspects to prove that "Illegal Cognition" is thenecessity of intentional crimes. It means that the [behavior] should be aware of the"Illegal Cognition" until establishing the result of intentional crimes. The third chapterhas involved the standards of cognition and methods of identification on "IllegalCognition". I apply the standard of possibility on "Illegal Cognition". Unless thebehavior could present the appropriate justification reasons, we could judge thebehavior possesses "Illegal Cognition" as long as the behavior might be aware of"Illegal Cognition". In the course of identification, we should preliminary differentiatethe Natural Crimes and Legal Crimes. Then we could adopt the presumption methodand the exclusion of special exception method on these two criminal acts in order to finalize the identification of "Illegal Cognition".