The Research On The Error Of Illegal Cognition Of Statutory Cirme

As Prof. Huaizhi Chu has put it, with the advent of the era of statutory crime,thetheoretical research into statutory crime must be reinforced. There is an commonphenomenon in judicatory practices on statutory crime: the error of illegal cognitionof statutory cirme. On the issue of error illegal cognition, the academic circle analysesit from a general perspective, without special attention to the error of illegal cognitionof statutory cirme, which has its unique value. Based on the logical structure ofbringing up problems, analyzing problems and solving problems, this dissertation ishereby divided into three chapters, the main idea of which are as follows:Chapter One is about bringing up problems. The common procedure of dealingwith the error of illegal cognition of statutory cirme is introduced through two cases.It can be easily seen that the domestic procedure of dealing with the error of illegalcognition has apparent unreasonable defects. Then the connotation and denotation ofstatutory crime is defined. The research of this dissertation requires a delineation ofthe boundary of the subject, i.e., statutory crime. The standard of the delineationshould be two-fold illegitimacy and weak immorality. With the basic theory ofillegal cognition,the categories and concept of the error of illegal cognition ofstatutory cirme are expounded, and a summary of measures, both foreign anddomestic is then given.Chapter Two is analysis. This is the highlight of this dissertation, which analyzes the error of illegal cognition of statutory cirme through relative theory of the error ofillegal cognition, criminal responsibility and measurement of penalty. This Chapter isdivided into three parts, the first one analyzing the conviction of the topic from therelationship between illegal cognition and deliberation, contending that error ofillegal cognition does not negate deliberation, the second part analyzing theappropriateness of abatement of penalty of such the error of illegal cognition from theperspective of shouldering criminal responsibility;the third, based on the previous twoparts and measurement of penalty in judiciary practices, the criminal responsibility ofsuch penetrators can be abated or relieved given that penetrators shoulder theircriminal responsibilities.Chapter Three is solution. This chapter is aimed at locating the necessarymeasure to be taken to solve such error of illegal cognition of statutory cirme incriminal legislation and administration from the perspective of China’s criminal law.Such error of illegal cognition of statutory cirme can be considered singularly amongthe factors of responsibility based on analysis of our criminal responsibility theory,thus such error of illegal cognition suiting specific conditions. Secondly, standardsand measures are brought up as to the finding of such error of illegal cognition ofstatutory cirme, binding subjectivity and objectivity, standards of ordinary people andthose of the penetrators. Thirdly, through the limitation of abatement of criminalresponsibilities of such misconception, this chapter concludes that inevitable error ofillegal cognition of statutory cirme can be relieved of criminal responsibilities,andevitable error of illegal cognition of statutory cirme can be abated of criminalresponsibilities Finally, through the comparison of foreign legislative examples anddomestic drafts, the clauses that abates or relieves the criminal responsibilities of sucherror of illegal cognition of statutory cirme that can be put into the “Otherregulations” chapter in the Section5of the Criminal Law’s general are suggested.