The Influence Of Cognitive Error On Criminal Responsibility In Criminal Law

Cognitive errors in criminal law are expressed differently in theory.Combining several theories,this paper defines it as the actor's legal evaluation of his own behavior and the factual situation of his own behavior,which produces a wrong understanding.Cognitive errors can be classified into different categories,which have different effects on criminal liability.That is to say,it may affect the judgement of the form of accomplished or attempted crime,and may lead to the evaluation as guilty or innocent.Therefore,the related problems of cognitive errors are worth studying and discussing in theory.To study cognitive errors in criminal law,the first thing is to clarify the concept and basic classification of cognitive errors.After sorting out all kinds of theories,we can use the theory to evaluate the situation of cognitive errors in criminal law.Finally,we can determine whether a cognitive error can be evaluated as a criminal act,what kind of criminal form it can be evaluated,whether it affects its criminal responsibility and how it affects it.criminal liability.There are many kinds of cognitive errors in criminal law according to different standards.The less controversial classification classifies the errors of factual situation of the relevant acts as factual cognitive errors,and the wrong understanding of the legal evaluation of acts as illegal errors.On this basis,this paper continues to refine the two major types of cognitive errors,elaborates the concept and classification basis of illegal cognitive errors into three small types,and discusses the impact on criminal responsibility with case studies.When researching the errors of fact recognition,we discuss the difference between them and the errors of illegality recognition,and illustrate the characteristics of the errors of fact recognition by comparing them.The errors of fact recognition are divided into causal errors,combat errors and object errors.The latter two kinds of errors are divided into several situations according to whether the errors occur in the same criminal constitution.This paper briefly describes the different evaluation methods of factual errors in foreign and domestic countries,and discusses the impact of different evaluation methods on criminal liability.This paper puts forward solutions to the problems found in the course of the study,and puts forward suggestions on the legislation related to the problem of cognitive errors in criminal law.It also provides someuseful thoughts on how to deal with the problem of cognitive errors in practice and judicial practice so as to achieve the consent of legal and social effects.