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On The Cognition Error Of Illegality In Our Criminal Law

Posted on:2020-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y J WangFull Text:PDF
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With the development of economy and society,the number of legislation is increasing day by day,and the difficulty of people to know the law is also gradually increasing.If we blindly abide by the principle that the law cannot be avoided,we will not be able to meet the needs of social development.In some foreign countries,the research on the awareness of illegality has been carried out earlier,and the theoretical system is relatively complete.However,in our country,the research on the cognition of illegality lags behind,which leads to a series of problems in judicial practice.Therefore,this paper will be expanded from the following five chapters,in order to provide some useful help for the solution of the problem.Chapter one analyzes the case of zhao chunhua's illegal possession of guns,which has a great social impact,and leads to thinking about the problem of illegality.By sorting out the cases and summarizing the controversial points,we can understand the status quo and existing problems of the illegal cognition in China.The second chapter through sorting out the different theoretical views on the cognition of illegality the advantages and disadvantages of the views and the development background.We should abandon the simple opposition between "don't talk about illegal cognition" and "necessary talk about illegal cognition" and reestablish the research position of "possibility talk about illegal cognition".The third chapter analyzes the orientation of the understanding of the illegality of civil law countries in the criminal theory system,mainly focusing on the "intentional" and "responsibility" as the main focus of debate.Although the "three-stratum" crime constitution system of the civil law system is different from that of China,the analysis of the orientation of the illegal cognition of the civil law system countries can shed light on the incorporation of the illegal cognition into the criminal constitution system of China.Chapter four discusses the judgment and application of illegality cognition in judicial practice.Based on the analysis of the judgment standard of the cognition error of illegality in major countries of the civil law system,this paper introduces the judgment standard of the avoidable cognition error of illegality,and discusses the identification standard of the cognition error of illegality in China's judicial practice.Fifth chapter to comb on illegal gun case,through the analysis of previous chapters,this paper argues that tackle on innocent treatment,have further illegality into the system of crime constitution in our country don't need to China's current system of crime constitution of "four elements",which range of illegality cognition la mistakes whether belong to,the final solution is how to get the concrete application of w.So as long as there is a violation of the provisions of cognitive errors know how to deal with it.
Keywords/Search Tags:knowledge of illegality, Wrong understanding of illegality, Possibility of understanding illegality, Avoidable wrong understanding of illegality
PDF Full Text Request
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