Research On Illegal Cognition In Criminal Law

In the current criminal law theory,the issue of illegal understanding,such as the necessity of its existence in the criminal law system,whether it can deter the intention of crime,how to identify it has always been a hot topic of debate.Many domestic and foreign scholars have different opinions and even fierce confrontation on these issues.In recent years,cases involving illegal knowledge in the practice of parrots and orchids have made the ordinary people have a more intuitive understanding of the illegality;on the other hand,they have also studied in theory.Illegal awareness provides a guide to the past.The principle of "I don't know the law can't help but sin" can be better applied in practice because of the improvement of the rule of law consciousness in the whole society.However,with the rapid development of society,the power department has to constantly increase in order to cope with various challenges.Regulating laws and regulations to regulate,this in turn makes the principle of "the unintelligible will not be guilty" face more serious challenges.Therefore,how to integrate the illegal understanding into the existing criminal law system and play a role in practice is a problem that must be faced and solved for judicial workers and experts and scholars.The first part of this paper starts with a number of cases that have attracted wide attention in the society in recent years,and draws from the problems that the current illegal understanding has encountered in our country: First,it is necessary to recognize illegal crimes when deliberately committing crimes,and secondly,In the judicial practice,how to judge the perpetrator's illegal knowledge.The second part of the article is to solve whether the illegal understanding can hinder the intention in China's criminal system.First of all,it is based on the theory of the two major legal systems,because our country's illegal understanding theory is introduced from Germany and Japan,so this paper It elaborates on various theories about whether the illegal understanding of the civil law system can prevent intentional deliberation,expounds and analyzes the relevant theoretical controversies,and further clarifies the relationship between illegal understanding and intention,in order to be able to A good understanding of the problem of illegal understanding.The third part is to solve the specific operational problems in thepractice of illegal understanding,that is,how to determine the illegal understanding in practice,first of all,the general judgment of the illegal understanding,through the method of using the custom to prove it.The question of who should bear the burden of proof in judicial practice.Then,from the illegal side of the illegality to understand the mistakes to carry out specific identification,use the wrong avoidability to find a bridge to solve the problem between the illegal understanding and the illegal understanding,so as to have a deeper understanding of the illegal understanding.The research on the understanding of illegality can greatly help to broaden the scope of criminal law theory research in China.It can also make China's criminal constitution system more perfect.It can properly arrange illegal knowledge in our country's criminal constitution system,which is conducive to better understanding of illegality.Recognized by judicial practice.