Illegality Cognition In The Theory Of Crime Intentionally

Illegal cognition has always been a difficult problem in the theory of criminallaw. In recent years, academic circles of the criminal law of our country have paidgreat attention to the theory of cognition of illegality, the scholars express their ownviews. unable to agree on which is right. This paper express the author’s point ofview from the cognition of illegality, knowledge of illegality and criminal intentrelations in criminal theory, the position of illegal cognition theory, the problem ofillegal cognition. Besides the introduction and the conclusion, this article is dividedinto four parts: the cognition of illegality prevue, study of cognition of illegality, theresearch orientation of illegality, knowledge of illegality Chinese transformation, thetext is about32342words.The first part introduces the historical evolution of cognition of illegality incontinental law system and China. A brief description of the ancient Rome saying“Ignorance of the law does not escape”, whose history of the origin and early in thecontinental law system, and the important role of the saying in the post-World WarII loose. Finally, horizontally compare the “ignorance of the law is not exempt”status in China.The second part first elaborated the necessity of cognition of illegality in ourcountry, defined the concept of the law， discriminated formal illegality andsubstantive illegality, subjective and objective illegality, invalidity of conduct andconsequence without value.Secondly, lead the concept of illegality cognition,combing the illegality cognition and illegal relationship. At the same time,introduced the continental law system and theory about illegal cognition of ourcountry:“before the law” in violation of cognition, the punishable illegalitycognition, violated the criminal law and legal norm of cognition, antisocial crime,criminal illegality, essence of illegal and criminal illegality.Detailed analyzed theadvantages and disadvantages of various theories, draw the conclusion: the contentof the illegality cognition is defined as a violation of laws and regulations more pertinent, consistent with the concept of the logical relationship between inside andoutside, the next will be extended to the illegal cognition cognitive possibility. Atthe end of the illegality of the degree of understanding of the definition, specificrecognition, abstract knowledge, thought that the presumption that the assessment,should be recognized specifically said that as the standard.The third part of the civil criminal intent in criminal law theory has combedanalysis, summarizes the significance in China, and the intentional theory ofcriminal law analysis of the problems. Civil law main emphasis factor in crime inthe core position of the role of intentional. Capacity to recognize doctrine known tosummarize with criminal intent will factor, accurately reveal the psychologicalnature of intent crime. The author believes that China’s criminal law doctrine shouldtake capacity to recognize, as long as the behavior of people could be aware of theirbehavior socially because dangerous consequences will happen, and they hope thisresult occurred when or laissez-faire, they set up deliberately.The fourth part: the author’s opinion of illegal cognition in Chineseimplantation, in the constitution of crime in our country, the mode of legislation,judicial application point of view, respectively described how to transform theillegality cognition so that it can adapt to our social situation.