Research On The Cognition Error Of Illegality From The Perspective Of Criminal Law In China

For a long time,because do not know the law can not become the defense reason,about the illegality understanding error,but has not affected the establishment of the crime,or even does not affect the sentencing.However,with the increasing complexity of society and diversification of crime types,the means and methods of crime become more difficult to predict,and the corresponding criminal law theory and practice are also changing."Do not know the law is not exempt from liability" this ancient principle is also being more questioned,not only to the law,the understanding of people has also put forward higher requirements.If we insist on the principle of "not knowing the law and not pardoning the law" blindly,it will certainly lead to the deviation between the criminal law provisions and the new situation of judicial practice,and even affect the judgments of many people's courts accepted and recognized by the public,more likely to lead to the national disapproval and distrust of judicial trial.In the previous theoretical research,domestic and foreign scholars have expounded their different views on the understanding of illegality,which is beneficial.In addition,some laws and regulations outside the region have also put forward their own judicial practice measures.In China's laws and regulations,there is no clear stipulation on the recognition error of illegality,nor the corresponding treatment principle.If there is a case of recognition error of illegality in reality,it is easy to have differences and questions.If the objective reasons,such as the state,society and environment,lead to the cognition error of illegality that cannot be attributed to the actor,or the cognition error caused by legal defects and reasonable trust,the actor cannot bear the cost of adverse consequences.On the other hand,if the actor violates laws and regulations for the purpose of achieving illegal purposes,or for the purpose of exploiting legal loopholes,the lack of awareness of illegality cannot be a reason to reduce criminal responsibility.Therefore,the study of illegality is not only of theoretical significance,but also of great value in application.Based on the analysis of the meaning,content and relevant theories at home and abroad,this paper puts forward the view that the cognition of illegality is an intentional part.And the identification standard of illegality cognition error is analyzed from reliance on laws and regulations,judgment or interpretation.As well as in the concrete manifestation form,from the doer subjective judgment,the law itself flaw and based on the reasonable trust,carries on the elaboration by the enumeration way.Objectively,it can provide some judgment basis for the relief of criminal liability.Finally,on the issue of how to apply the illegality awareness in practice,we can refer to the reasonable and valuable practices of countries and regions outside the region,without changing the existing crime constitution system of our country,and clearly stipulate the circumstances of deliberately obstructing and assuming criminal responsibility by way of enumeration.