The Chinese Judicial Cognizance Of Guilty Mind About Statutory Offenses

The statutory offense is the act that violates the non-criminal law,damages descendent social order,and should be punished by penalty under the criminal law.The surge of statutory offense in the legislature shows that the age of statutory offense has come.The phenomenon that judicial decisions run counnter to public justice emotion recently reflects inappropriate recognition of guity mind about statutory offense.For punishment of the statutory offenses and protection of civil liberties,there is a pressing need to adjust the traditional rules of cognizance based on the natural offenses in the past.Thus,this text analyzes the cause of problems in the process of judicial cognizance about statutory offense.Analyzing legal principle of criminal law about guity mind of statutory offense through relating its features.Introducting and evaluating the corresponding foreign threories and its reference.Proposing principles and rules of cognizance of statutory offense.And normalizing the judicial cognizance of guity mind about statutory offense.The text about 40000 words,it is divided into four parts except for preface and conclusion.The first part shows the problems in statutory offense's judicial cognizance and analyzes the causes.There is the external attribution of guilt,and the concrete manifestations are negligence of normative recognition,natural presumption of knowlegde of law,and definition of guilty mind based on attitude towards behavior.They are results of that judicial officers break away from the public,inflexibly apply the law,and extremely uphold the authority of the law.All these problems show maladjustment of judicial officers about statutory offense's cognizance.The second part focuses on the characteristics of statutory offense.It explains the legal content of guilty mind about statutory offense,emphasizing the change of the theoretical focus of it.In view of statutory offense's inferior anti-morality,dual illegality,and high volatility,it is necessary to emphasize normative knowledge,attach importance to the role of specific illegality in the guilty mind,and determing the guilty mind based on attitude towards the results,which is not only the requirements of the principle of legality and the principle of responsibility.And it is consistent with the purpose of the criminal law to protect human rights.The third part introduces and comments on foreign theories and their reference about the guilty mind of statutory offense.The relevant theories may not be entirely suitable for the soil of China's judicial practice.The subjective overrunning element in the third-level criminal theory of the civil law system is actually the content of the criminal intent in the theory of four elements of the crime constitution.The objective penalty conditions are used by many scholars in China to solve the difficult problem of determination of guilty mind,but they have no space in the theory of four elements of the crime constitution which emphasizes crimes are combined with subjective requirments and objective requirments.In the theory of criminal law in the Anglo-American legal system,the absolute responsibility is contrary to the principle of responsibility,and the application of relatively strict liability needs to be based on the express provisions of the law.The “recklessness” has no place under the current criminal legislation framework in China.Regarding the handling of wrongful awareness of illegality,civil law countries have explicitly stated in the criminal law.The Model Penal Code also has a breakthrough in this.It should be dealt with on the guilty mind of crimes under the Chinese criminal law system and it might be considered clarifying in a cautionary manner.In the fourth part,aiming at the problems existing in the judicial determination of statutory offense mentioned above,we propose two aspects of the principle of macro-identification and specific determination rules,and regulate the judicial determination of the subjective aspects of statutory offense.Based on the principle of responsibility,protection of legal interests,and the principle of restraint in criminal law,presuming generally criminal intent carefully.Relatively strict liability is limited in the form of legislation in the area of statutory offenes that protects significant legal interests.Judging the existence of guilty mind and the form of guilty mind with the existence of mentality of social harmfulness as the key and the dialectical relationship between concrete illegality and social harmfulness in the circumstance of wrong recognition.