Illegal Misunderstanding Of Criminal Responsibility

All along,because unlawful law cannot be a reason for defense,illegal awareness of wrongdoing does not affect the establishment of a crime,or even affect the sentencing.The constant changes in social conditions and the complexity of the types of crimes have resulted in an endless stream of criminal means,and the corresponding legal and criminal law misunderstanding theories will change along with it.This will not only impose higher requirements on the law and people's understanding,but also on the one hand.The principle of unfathomable law will certainly lead to the disconnect between the provisions of criminal law and practice,and even lead to unfair trials that are difficult for us to accept.In past theoretical studies,both Chinese and foreign scholars have put forward their own opinions on the mistaken identity,and some foreign laws have also put forward their own measures.In our country's laws and other norms,there are no relevant provisions on the understanding of illegality.When there is a wrong understanding of the law in reality,it is easy to have differences.Therefore,research on illegal awareness of wrongdoing not only has theoretical significance,but also has practical value.Based on the analysis of the object,scope and extent of misconduct misunderstandings,and the analysis of related domestic and international doctrines,the author puts forward the view that unlawful knowledge is not intentional.It also provides reference for subjective reasons,external environment,and duty of care in the determination of unavoidable illegal awareness.And in terms of specific forms of expression,some suggestions have been made from the subjective judgment of actors,their own legal deficiencies,and their reasonable trust.Objectively,it provides a basis for judging the illegal knowledge that can not bear the responsibility.Finally,on the issue of how illegal knowledge is applied in practice,one can refer to foreign practices,without changing the existing system,and explicitly specifying the legal consequences in the manner listed.