Applicable Research On The Problem Of Illegal Misunderstanding

The mistake of illegal understanding means that the actor has misunderstood whether his behavior violated the law.The research focus of criminal law in criminal law theory on the misunderstanding of illegality is mainly concentrated on two aspects.On the one hand,whether the wrongful understanding of the perpetrator can become a defense,and on the other hand,the misunderstanding of the illegality is in the criminal law.How to position in the theoretical system.Although there is no consensus on how to position it in theory,the mainstream view generally believes that it is possible to block all or part of the responsibility for the inevitable violation of illegality.In contrast,China's criminal law has not yet made clear provisions on the problem of illegal understanding of crimes.However,with the increasing number of statutory criminals prescribed in the criminal law,many actors clearly have cases of illegal misunderstandings in the judicial system.In practice,he was sentenced to guilty and sentenced to punishment.These cases have often caused a wave of public opinion in the society,and caused the phenomenon that the judicial practice results are contrary to the plain and sense of justice of the general public,which in turn easily reduces the credibility of the judiciary and undermines the authority of the judiciary.Therefore,it is imperative to apply the research on the misunderstanding of criminal law in criminal justice practice.In order to study the application of the problem of illegal understanding,this paper first analyzes the applicable status quo in China's judicial practice with the existing theories and cases.Then,the theoretical development,legislative status and judicial practice of the misunderstanding of illegality outside the domain were studied.Then,based on the study of extraterritorial theory and the combination of theoretical research and judicial practice in China,it is considered that the most urgent task in theoretical research is to establish a discretionary mechanism for the inevitable judgment of judicial application.Imputation principles and legislative recommendations.Finally,under the new thinking,the "Zhao Chunhua illegal gun case" as an analytical perspective was re-examined.