Cognitive Mistake In The Criminal Law

In the theory of criminal law in our country,it is necessary to unify the subjectivity and objectivity,but in real life,it is ubiquitous and focus often that the subjective understanding of the actor different from objective fact.Judging from the judicial practice,the problem of misunderstanding in criminal justice is endless,and such problems are the specific problems that criminal justice faces directly and must be solved.Therefore,it is very important to solve the misunderstanding of the perpetrators' criminal responsibility in this situation.Considering that the theory of misunderstanding not only affects the conviction but it also affects the importance of the sentencing and the theoretical controversy,and judicial practice encountered in how to convict sentencing problems,the authors consult a large number of documents,after finishing the relevant academic views domestic and abroad,by using the method of logical reasoning and comparative analysis,this paper discusses the related problems of misunderstanding.On the basis of elaborating the basic concepts and classifications of cognition mistakes and summarizing the views of different scholars.It is pointed out that the classification method of existing scholars has its own advantages,but there may be some shortcomings such as the dislocation of criminal responsibility and the separation of theory and practice in the application of realistic criminal justice practice.Since the ultimate goal of the cognitive mistake theory is to serve the criminal justice practice,according to the behavior of the perpetrators will bear the consequences of criminal justice,the criminal law will be divided into the understanding of the wrong responsibility for criminal responsibility and do not bear the criminal responsibility of the mistake,and accordingly elaborate,through a large number of examples Show different forms of misunderstanding.Finally,on the basis of reference to the legislative model of other countries,combined with China's national conditions and criminal justice practice encountered problems,put forward their own legislative proposals,aimed at improving our criminal law on the understanding of the relevant theory.This article is divided into four parts,about thirty thousand words.The first part: An overview of the mistakes in criminal law.In this part,the author expounds the wrong concept in the criminal law,and then summarizes the classification of the misunderstanding in the foreign criminal law,points out that the criminal law academy still divides the cognition mistake into the legal cognition mistake and the factcognition mistake according to the traditional law.However,in our criminal law studying on the legal understanding of the mistake and the fact that the mistake in the details of the specific division be varied.In this paper,the author points out the shortcomings of the traditional misunderstanding of the traditional misunderstandings,and points out that from the perspective of whether the perpetrator is responsible for criminal responsibility,the author can divide the misunderstanding of criminal law into criminal responsibility know the wrong and irresponsible mistakes.The second part : Mistakes in criminal responsibility.In this part,the author briefly introduces the concept and characteristics of the misunderstanding of criminal responsibility,divides the misunderstanding of criminal responsibility into the misunderstanding of wrongful criminal responsibility and the misunderstanding of responsibility.Through the example to show the wrong form of concrete,with a view to be able to intuitively and specifically clear the different types of misunderstanding and the different criminal responsibility it should be.The third part: the cognitive mistake do not bear criminal responsibility.In this part,the author briefly explains the concept and characteristics of the misunderstanding of criminal responsibility,and then examples of what the wrong understanding of the results caused by criminal responsibility.The fourth part: the legislative perfection in the criminal law.Theory to a certain level is bound to rise to the legislative level,or become lost the significance of theoretical research.In this part,the author summarizes and enumerates the foreign criminal law on the cognitive mistake of the legislative model and the relevant legal provisions,and then based on the realistic situation of our cognitive mistake legislation,compared to other countries of the legislation,give their own legislative proposals to Good service in judicial practice.