The Discussion Of Errors In Cognition Of Illegality In Criminal Law

"Ignorance of the law does not excuse" As the motto of Roman law,once people have violated the law,even if they do not know that their actions violate the law,they will not be excused from the legal responsibility and the condemned consequences they will bear.For thousands of years,this sentence is like a warning.It reminds the judiciary not to indulge the sinister criminals because of the existence of illegal understanding.However,with the advent of the statutory era,the defendants in some cases in practice said that they did not think of or did not think that they had engaged in the excuse of criminal acts,and they received widespread support from the public in public opinion and sparked heated discussion among the public.At the moment,if it is still simply insisting that "ignorance of the law does not excuse," sometimes it is difficult to make a fair and reasonable judgment.Therefore,paying attention to illegal understanding errors in theory and practice will provide assistance for the development of criminal law theory and judicial justice.This article takes the illegal understanding error as the research object,analyzes and compares the various theories,interprets many cases in practice to further explain,and gradually explores the rational theory is the illegal understanding of the possibility of error avoidance,and at the same time its specific in judicial practice.The applicable methods are elaborated in detail,and it is hoped to provide a reference for theory and practice,and at the same time,the due value of the illegal understanding of mistakes can be fully exerted.In addition to the introduction and conclusion,the main content of this paper is divided into five parts:The first part introduces the theory of illegal understanding of errors.In recent years,some typical cases of “lifting barrels and catching cases”,“manufacturing traditional fireworks cases” and “selling domestically raised parrots” have attracted a lot of attention from the public and heated discussions,to show that the absolute “Ignorance of the law does not excuse” The principle no longer meets the requirements of the current statutory age,and introduces the concept of statutory offense and the characteristics of weak anti-ethical and double illegality.It is a comprehensive indication that the misunderstanding of illegality should be of great significance in the current era of statutory crimes.The second part is an overview of the theory of illegal understanding of errors.It mainly expounds the concept and classification of illegal understanding errors,and distinguishes between illegal understanding errors and factual recognition errors.Illegal misunderstanding means that if the actor does not have a factual error,the act committed violates the law,but the actor does not know or believe that the act has violated the law.In terms of classification,the illegal understanding errors are classified according to different criteria: direct illegal understanding errors and indirect illegal understanding errors;avoidable illegal understanding errors and inevitable illegal understanding errors.At the same time,it interprets the factual misunderstandings that are easily confused with the misunderstanding of illegal knowledge,and expounds the distinction between illegal understanding errors and factual misunderstandings.The third part is the theoretical controversy and evaluation of the illegal understanding of the law.The first is the four viewpoints of the illegal understanding of the connotation of the law: the violation of the pre-legal norms of consciousness,the violation of the criminal normative consciousness,the punitive sexual illicit consciousness and the general illegality.After several observations,it is advocated for general illegality.In the mistake of illegal understanding,the actor needs to recognize that his behavior is prohibited by the "law",and not just the prohibition at the level of ethics.Further speaking,the "law" referred to here is not only a criminal law norm,but also covers the legal norms of civil law and administrative law.Next,it expounds that the criminal law scholars have three major views on the misunderstanding of illegality: negative,affirmative and compromise,which respectively indicate the main content and arguments of different viewpoints.The fourth part mainly discusses the investigation of the wrong and reasonable viewpoint of illegality.Through the interpretation and analysis of several theories of illegal understanding,on the one hand,it explains the inadequacies of the negative and affirmative,on the other hand,it shows the reasons why the illegal understanding of the possibility of avoiding mistakes is worth promoting.From the standpoint of the principle of responsibility,it is believed that the illegal understanding of the mistakes avoids the possibility,the balance of state authority and individual rights is realized,and the balance mechanism between criminal policy and responsibility is also established.The fifth part addresses the application of illegal misunderstandings in practice.First of all,find the method of judging the illegal understanding of mistakes in practice: to examine the possibility of illegal understanding and avoiding mistakes,and then to make the illegal understanding mistakes avoidable and the inevitable situation clear,interspersed with a large number of real cases in judicial practice.As an example,better understand and understand academic theory.At the same time,starting from the current situation of the misconceptions in the judicial practice,it is advocated to conviction or sentencing the perpetrators who have misunderstood the wrong.For those who have inevitable misunderstandings,they should not be convicted;for those who have the wrong understanding of the illegality,the judge can consider the degree of error in sentencing,and then decide whether to punish.In summary,the real cases that caused controversy in judicial practice are the starting point of research,and the related doctrines of illegal understanding errors.On this basis,it is reasonable to discuss the misunderstanding of illegality as the basis for conviction and sentencing.The reasons,as well as the methods of application in judicial practice,hope that each judgment can carry both the majesty of the law and the brilliance of human nature.