The Cognitive Factors Of The Intention Of Statutory Offense

With the development of social economy,the progress of civilization of rule of law is quickening,more and more legal offenders are appearing frequently in people's sight.At home and abroad,the content of criminal intent in statutory crime or Criminal Law has certain Theoretical Research Foundation,some scholars have realized the particularity of the content of criminal intent in the subjective elements of statutory crime era.At the same time,with the growing concern over statutory crimes in recent years and the frequent occurrence of typical cases,such as "he case of Chunhua Zhao setting up a stall to play balloons" and "the case of Zhou's illegal hunting of wild animals",the controversial points in these cases all focus on the content of criminal intent in the subjective elements of the actor,such as whether the actor should be aware of the social harm of the act? Should the illegality of the Act be recognized? To what extent should it be recognized? And how to judge whether the actor has this kind of knowledge? Therefore,it is necessary to make clear the train of thought and find the way to judge the intention of statutory offense on the premise of statutory offense.Then we have to analyze the cognitive factors of statutory crime,starting from the difference between statutory crime and natural crime,to the distribution of illegality in criminal responsibility,then to the intentional knowledge of statutory crime factors include the content of social harm or illegal knowledge or both.Finally,it comes down to the judicial practice to determine the path of intent of statutory offense.This article will be based on statutory offense,this paper discusses the four aspects of legal offense and criminal intent,the disputable points of the cognitive factors of legal offense intent,the necessary theory of illegality cognition in cognitive factors and the connotation of illegality,and the judgment of cognitive factors of legal offense intent in judicial practice.Focus on the understanding of the factors of statutory intentional points of contention and a variety of viewpoints,theory combined with practice,draw appropriate and practical conclusions.The introduction summarizes the background,purpose and significance of the topic,mentions the literature source and the main problems on which this paper is based,and explains the necessity of studying the factors of intentional cognition under the category of statutory offense.At the same time,it classifies the existing theoretical achievements and propositions,and points out the structure,research methods and innovation of this paper.This article is divided into four chapters.The first chapter summarizes the statutory offense and criminal intent.First of all,it mainly aims at the historical origin and development of statutory crime,and analyzes the differences between it and natural crime from the angle of social ethics.Secondly,it analyzes the status and definition of criminal intent in the element,expounds the contents of criminal intent,and leads to the concept of cognitive factors of criminal intent(including the cognition of illegality),this paper discusses its theoretical evolution(from the theory of psychological responsibility to the theory of normative responsibility)and the position of illegality in criminal responsibility,and concludes that illegality should belong to the element of criminal intent.The second chapter will discuss the controversial points of understanding factors of statutory offense intent.First of all,there is no significant difference between statutory crime and natural crime in the understanding of the facts of criminal intent.Therefore,this paper discusses different theories from the perspective of the combination of statutory offense and criminal intent,and analyzes the controversial points of the content of statutory offense,that is,the relationship,pros and cons and trade-offs between the awareness of social harmfulness and the awareness of illegality.From the ambiguity and illegality of social harmfulness,the clarity of illegality and the feasibility of practical operation,it is reasonable to conclude that the cognition ofillegality should be the standard of the cognition of intentional norm of statutory offense.The third chapter will focus on the analysis of the understanding of illegality in the intention of statutory crime,including the theory of the necessary understanding of illegality and the meaning of illegality.From the foregoing,we can draw a conclusion that the understanding of the intentional norm of statutory offense should adopt the understanding of illegality.This paper expounds the advantages of the necessary theory of illegality from the disadvantages of not saying it,the requirements of the basic principles of Criminal Law,the influence of illegality knowledge on escaping punishment and the influence of illegality knowledge on lawsuit proof.At the same time,we also define the meaning of "law" in the cognition of illegality,that is,to what extent the cognition of illegality needs to be realized.This paper points out the rationality of the theory of violating the whole law and regulations,the theory of violating the whole law and regulations,the theory of violating the Criminal Law and the theory of punishable illegality,that supports the whole rule-breaking argument.The Fourth Chapter will be based on the above conclusions,on the judicial level to determine the intention of statutory offense.First of all,the judicial practice of the existing issue of the determination of statutory crime to carry out an example,it includes the characteristics of subjective elements,the difference of legal cognition of different subjects,the abuse of presumptive methods and the contradiction between illegality and social harmfulness.Secondly,it expounds the possibility of avoiding illegality cognition error under the responsibility doctrine,which situation can be concluded that the actor has no illegality cognition error,that is,the actor has realized the illegality of the Act;What kind of situation can judge the actor's illegality cognition error is inevitable? That is,the actor really did not realize the illegality of the act.In addition,to explain the method of determination,including the principle of the presumption of proof and the exception of the case.Also to better apply the above conclusions to the actual operation,and make it feasible.The conclusion summarizes the conclusions of the previous chapters,summarizes the main contents of this paper,and expounds the author's ideas.It mainly shows that under the current situation of the rule of law in our country,it is feasibleand theoretical to take the cognition of illegality as the cognitive factor of the intention of statutory offense.