On The Reasonable Setting Of The Principle Of Not Knowing The Law And Not Exempting From Liability In Chinese Criminal Law

The principle of ignorance of the law is no exemption has the necessity and rationality in the beginning of the produce.Before the 20fth century,most countries are unwavering adhere to this principle,but since 20th century,the legislative quantity increased gradually due to the development of social economy and complexity of social relations,citizens may exist the situation that they really don't know the law in our real life.Strictly abide by the principle of ignorance of the law is not exemption to affirm crime,in reality made some people that didn't mean to be evil but ignorance have been criminalized,which the impartiality of the law has been questioned,influence the public's belief in the law.In this case,the theorists began to discuss the rationality of the principle of ignorance of the law is not exemption,and appeared many new theories,certain countries even come to loosen in the legislation and judicature for this principle.The study of the error in cognition of illegality starts late,and the current criminal law lacks the legal rules on this respect.The principle of ignorance of the law is not exemption is still in dominant in our theory of criminal law and judicial practice.Chinese criminal law should establish the principle of ignorance of the law is no exemption,and make some exceptions for this principle under special circumstances from other countries about the changes of this principle and the condition of our country.