The Analysis Of The Illegal Understanding Of The Wrong Basis And Its Applicable Standards From The Perspective Of Rights

The situation of illegal understanding of the law will have an impact on the judgment of the actor's responsibility.The illegal understanding does not contradict the requirement of the right protection.On the premise of acknowledging the necessity of illegal understanding,the core is the argument of illegal understanding and its application.The right element is the legal basis of the illegal understanding of the law.The judgment of imputation when the illegality is misunderstood needs to be reflected as the basic requirement of the protection of rights and the basic logic of the argumentation of rights.Because the establishment of the inevitable judgment standard of the illegal understanding of the responsibility element is in line with the basic requirements of such a power argument,it is also the inevitable judgment order of the actor after the existence of the illegal understanding error.Therefore,from the perspective of the requirements of the protection of rights,it is certainly necessary to establish the necessary understanding of illegality.Under the requirements of the protection of rights,the argument for the existence of illegal understanding of the law can completely cross the debate on the status of the system of illegal understanding.Taking rights as an analytical perspective,starting with the right of the perpetrator to raise the wrong understanding of the illegality,the interpreter's judgment on whether the error is inevitable is a response to this kind of claim,and a certain reasoning procedure is carried out.Whether the error is established or not and whether it is inevitable is the core composition of the argument,and it is explained in the direction that is beneficial to the protection of rights.In this regard,it is necessary to use rights as a perspective,and then to establish the criteria for judging the inevitability of illegal misunderstandings,and to achieve a necessary balance between the criminal law system and the protection of rights.