The Research Of Illegal Cognition

The research of illegal cognition is the front-burner issue of criminal jurisprudence's field,it is closely related to subjective aspect of crime and plays a vital role in the punishment fits the crime.The original researchresults usually manifest that illegal cognition is indispensable or is not indispensable.There are two representative theories build on these two conclusions.As the research moves along,more and more researchers realize that these two representative theories build on the conclusion of illegal cognition is indispensable or is not indispensable can not solve the problems in practice.The research of illegal cognition is coming to a deadlock with the argument of illegal cognition is indispensable or not.The knot of the matter is the researchers cannot reach a consensus on the essential content of illegal cognition.It is necessary to break the original limitations and affirm the proposition of the illegal cognition's possibility as the research's foundation,moving along the cognition to the essence of illegal cognition,precisely define the function and property of illegal cognition in the system of constitution of a crime.In the same time,it is also necessary to establish an investigating mechanism of illegal cognition and guarantee that this mechanism is scientific reasonable and feasible.In order to solve the judicial application problem of illegal cognition theory.