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A Study On The Cognition Of Illegality

Posted on:2021-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:T Y ZhangFull Text:PDF
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Behind the crime of illegal possession of guns,there are mainly disputes about the system of illegal knowledge and specific judgment of illegal knowledge.These problems need to be solved urgently in the field of judicial practice.It is precisely because the understanding of illegality is of great significance for imputation,and the failure to deal with its existing problems will affect the conviction and sentencing,which will lead to the unfair conclusion that the judgment is too heavy or too light,and even lead to a series of adverse consequences in society.With the development of society,more and more legal crimes have been set up in our country.In the new era,it's hard for people to believe that those who don't know the law can't be exempt from the responsibility.The hot discussion about the case of illegal possession of guns by Zhao reflects that there are many doubts in people's mind.Therefore,the arrow to solve the problem of illegal cognition in judicial practice has fallen on the string.First of all,this paper starts with the relevant disputes on the understanding of illegality.Because it is a little difficult to have a strong academic understanding,the author simply describes the understanding of illegality by referring to the relevant literature,not saying it is necessary,deliberately saying it is responsible,in order to have a better understanding of the following discussion.And then leads to the premise of this study-the understanding of illegality is closely related to the principle of responsibility in criminal law,which affects the conviction and sentencing.There are two different problems: whether there is awareness of illegality and how to deal with it.This paper focuses on these two points.The specific judgment methods of illegality cognition are: first,according to the "two-level theory",the object of illegality cognition is legal norms,not other norms.Second,the minimum standard for the perpetrator to have knowledge of illegality is that he has knowledge of the anti value of the behavior prohibited by the law.Finally,on the premise of judging that the perpetrator lacks the knowledge of illegality,I think that the knowledge of illegality should be attributed to intention,that is,the knowledge of illegality is an integral part of intention.Therefore,I believe that it is biased to intentionally convict and sentence the perpetrator on the premise that he has no knowledge of illegality.
Keywords/Search Tags:illegality cognition, criminal intent, specific standard
PDF Full Text Request
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