Study On The Error Of Illegal Cognition

At present,there is no official written documents of our criminal law about issues of illegal cognition,hence the handling measures in practice is to declare the guilty and give prosecution according to the principle of ignorance of the law does not evade responsibility.Under the situation of right and wrong,moral ideas of laws and normal citizens are consistent,the demerit of such kind of judicial operation is not evident actually.However,when judicial organs apply laws and regulations to handle with cases mechanically,be greatly different from ideas of normal citizens' sense of right and wrong and morality and judicial organs cannot persuade public by a completely convincing cause,then there will come the opposite situation between judicial handling and public opinion and lead to many problems in the course of dealing with judicial cases,which reflects demerits of criminal legislation.The paper proposed improvement suggestions to legislation according to combing,analyzing relevant problems of error of illegal cognition combined with our practical realities,in hopes of solving problems as handling practical error of illegal cognition.The paper is divided into four parts:First part made a profound analysis to the concept of error of illegal cognition,which part introduced type of error of illegal cognition and differentiated error of illegal cognition from error of fact,expectation possibility error.Second part analyzed Germany and Japanese theories about error of illegal cognition and our criminal theoretical positioning of error of illegal cognition,it proposed that illegal cognition is a factoring of constituting arbitrariness and contend of error of illegal cognition impeding arbitrariness.Third part discussed judgement of possible of illegal cognition and advocated that whether the error of illegal cognition can be avoided could decide its influence on criminal responsibilities,and it specifically analyzed determination to possible understanding of illegality from the perspective of Zhao Chunhua's illegal possession of firearms,Shenzhen parrot cases.Fourth part contrasted and analyzed foreign countries' legislative situation and way of handling for error of illegal cognition,proposed legislative suggestion that it should write error of illegal cognition into the general provisions of criminal laws in order to fill the leakage of no stipulations to error of illegal cognition of our criminal laws,so that provide criminal reference for practical situations of error of illegal cognition according to different circumstances in order to solve the conflict between traditional idea of ignorance of the law does not evade responsibility and responsibility.