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Research On The Possibility Of Illegal Cognition

Posted on:2018-08-18Degree:MasterType:Thesis
Country:ChinaCandidate:W C YeFull Text:PDF
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The ancient Roman legal maxim " ignorantia legis non excusat" has been regarded as a strict rule.But with the development of liability doctrine," ignorantia legis non excusat" principle began to shake.It is believed that only the perpetrator has the illegal understanding(possibility)to carry out the blame.The theory of criminal law has a wide range of discussion on the understanding of illegality,which is based on the standpoint of responsibility,which is surrounded by the understanding of illegality.There are some problem of the illegality cognition,such as,the illegality cognition is a cognition of illegality in the crime of huge controversy,how to position of Richtswitrig mistake in determining the treatment practices of various countries are not the same,the possibility of consciousness of illegality lack of understanding system.In order to clarify the problem of the possibility of illegal cognition,this paper discusses five aspects:one is the origin of the problem of illegal cognition and its related concepts;the other is the content of the illegality cognition.We think it is a violation of the norm of criminal law or the violation of the norm of evaluation.It is a kind of formal knowledge;the three is the position of the possibility of illegal cognition in the constitution of crime.Different theories have different views on its position,standing in the position of limitation of liability,the possibility of consciousness of illegality is one of the factors of liability liability class,is.intentional crime and negligent crime liability factors;four is the illegality of error handling.People do not understand or misunderstand the behavior is called the error of illegal cognition on the law,treat the error shall be respectively for different processing:error resistance is the inevitable responsibility,can avoid the mistake of diminished responsibility;five is the possibility of consciousness of illegality identification.Under normal circumstances,the possibility of illegal cognition is exist.Specific analysis of two aspects the possibility that standard should know the law mistakes and apply the wrong understanding of illegality;Determination of benchmark for behavior itself is not the ordinary people of that time;based on behavior,and the time right to go back;about the burden of proof,the possibility of consciousness of illegality exists in the criminal procedure the first presumption,but it should be allow the defendant to fully refute.
Keywords/Search Tags:Responsibility, Illegality cognition, Possibility, Illegality error
PDF Full Text Request
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