China's Dilemma And Countermeasures For The Principle Of "Ignorance Of The Law Is No Excuse"

"Ignorance of the law is no excuse",this is a basic principle of modern law.Therefore,once the law is promulgated and implemented,regardless of the facts,it is considered that the people are well-known,and no one can evade responsibility or exempt from punishment on the grounds of ignorance.However,in recent years,there have been many cases in China that have been convicted of crimes committed by criminals without knowing their actions,which has aroused widespread social concern and discussion.Due to the large number of such cases,although the details of the specific cases are different and even have large differences,in general,these cases have roughly the same plot or logic,so they can be used for a certain theory.Analysis of the meaning of reality.Intends to explore and examine the problems and dilemmas faced by the basic principles of modern jurisprudence in China's legislation and judicial practice from the macroscopic perspective of modernization and legal modernization.Based on the specific case of the analysis,the possible answers to this situation are given.It is intended to try to explain that,in essence,this is a fundamental problem that has plagued China's legislative and judicial practice for more than 100 years,and it has universal significance.Discussing the value is worthy of our serious consideration and discussion.To prove its legitimacy from the point of view of the rationality of the principle of "Ignorance of the law is no excuse ",and attempts to point out that the endogenous rule or Savigny's sense of "national spirit" is the basic premise for the establishment of this principle,otherwise it will lead to great injustice in judicial practice,thus shaking the authority and rationality of the entire legal system.It is in this sense that the law is essentially the sublimation and cohesion of the state of human life,and is the crystallization of experience and knowledge.It stems from life and must be based on life.There are a large number of self-evident and implicit norms in life.They are the basis for the law and the foundation for the legal operation.Without them,the law will become a castle in the air.Therefore,we need to realize that the emergence of this principle has its necessary premise,and its application and establishment must be determined after rigorous analysis and argumentation.It's not the way we take it for granted.Analyzes more than 50 cases in the judicial practice field.It can be seen from this that no matter whether the judgment is reasonable or not,the judges will strictly follow the principle of “Ignorance of the law is no excuse”.This situation in practice has led to the emergence of the dilemma in this article-such judgments often exceed people's normal cognition and challenge people's sense of morality and justice.From the perspective of “the arrival of the era of statutory offence”,first illustrates that modern legislation is complex and numerous,which makes the number of legal rules that originate solely from the will of the legislator rather than from the society itself increasing,thus leading to a large number of cases of people "ignorance of the law".At the same time,it is pointed out that the efforts and process of establishing a modern legal system in China under the macro-structure of modernization is precisely the practice of "the ideal of western legal ideals" in the sense of Deng Zhenglai.From the perspective of legislation,this practice makes our existing rules mostly from the top to the bottom of the "transplantation method",rather than the bottom-up "spontaneous rules" within the society,this is one of the important reasons why many of the cases listed in this paper do not meet the psychological expectations of most people.It is in this perspective that we can find that this kind of foreign and western-style large-scale legislative practice has inevitably caused China while rapidly transforming and reshaping Chinese society and establishing China's modern legal system.The severance of the inherent legal tradition has led to a number of problems in the judicial practice,such as the "Qiuju lawsuit." In this regard,the principle of “Ignorance of the law is no excuse” and the many judicial cases involved in it,although mainly in the field of criminal legislation and justice,are actually such one of the universal problems arising from the modernization of the legislative pattern,we must not limit our eyes to this because of the attributes of its departmental law.