Research On Factual Cognition Mistakes And Criminal Patterns

Clarifying the theoretical problems of factual recognition is of vital importance in solving the conviction and sentencing in judicial practice.The so-called fact recognition error refers to the fact that the actor has incorrect knowledge of objective facts in the process of intentionally carrying out an act,and this erroneous understanding affects whether the actor constitutes a criminal intention.Regarding the problem of fact recognition errors in criminal law,so far,most of them have been confined to the concept,characteristics,scope and doctrine discussion of fact recognition errors.However,little attention has been paid to the study of the crime pattern of fact recognition errors.After expanding the basic theory of fact recognition errors,this article summarizes and sorts them out,and excludes negligent crimes and legal recognition errors from the discussion of fact recognition errors.After introducing in detail the theory of dealing with fact recognition errors in China's academia,through the analysis and comparison of the principles of subjective and objective unity,subjective and objective attribution,and other theories,it pointed out that the theory of fact recognition error is urgently to be solved in the academic and judicial practice circles Finally,we explored the theory of subjective blame and objective blame that are not contradictory.This article introduces in depth the academia's principle of liability for misunderstanding of facts,such as the game of specific coincidence theory and legal coincidence theory,through in-depth argumentation,on the basis of adhering to the principle of unity of subjectivity and objectivity,it is concluded that legal coincidence theory is adopted to deal with Facts recognize the rationality of errors.Based on the legal compliance theory,the article expounds the basic theory of fact recognition errors and the form of cessation,the form of accomplice and the form of the number of crimes and the handling of related issues.Under the premise of pointing out the problems existing in the case of misrecognition of facts in judicial practice,after deeply demonstrating the applicability of the statutory conformity theory,we uphold the consistent position of the statutory conformity theory and deal with Accomplished and attempted judgments.When discussing the issues of fact recognition errors and joint crimes,this article analyzes the crimes and responsibilities of the fact that thecognition of common crimes is based on the essential position of insisting that some crimes are jointly regarded as accomplices.Regarding the form of the crime number with wrong fact recognition,the author deeply demonstrated the applicability of the number deliberate theory through examples,and put forward his own opinions on the relevant aspects of the crime form with wrong fact recognition.The author hopes to provide some reference opinions for the theoretical research and practical operation of the crime pattern with wrong understanding of facts,and make my own meager contribution.