Research On The Misunderstanding Of Illegality Of Legal Offences

With the development of economy,social order management is increasingly complicated.In order to standardize and safeguard national management order,and increased the number of significant legal crime in criminal law provisions,legal also greatly increase the number of,in this context,has long been schooled by principle of "ignorance is not forgive" already cannot adapt to the situation.In the context of the coming of the legal criminal era,we should pay more attention to the illegal understanding of legal offence.This paper discusses the problem of illegality in the perspective of legal crime.In particular,the article has four parts.The first part is the introduction,which mainly discusses the theoretical and practical significance of the research on the illegality of legal offense,as well as the research methods and innovation points used in this paper.First,in terms of theoretical significance,and increase in the number of legal made,more and more many scholars at home and abroad on the principle of "ignorance is not forgive" are studied and criticized,and on this basis,many countries have carried out in the legislation attempts to study of this problem,this paper helps to our country the legal problem of illegality cognition mistakes deeper theoretical discussion,help to understand and structure theory of crime in our country,which is advantageous to the our country criminal law educational world further in line with international standards;Secondly,in terms of practical significance,it has appeared in our judicial practice about legal cases involving illegality cognition mistakes,the social public to such cases has certain question.Study of this problem can help to the improvement of the legislation practice and progress in our country.The second part is the discussion of the basic theory,which is an analysis of the basic theory of legal crime and illegality.First of all,based on the "Wang Lijun to buy corn case" and "Wang Wenjun credit cards management legal case"as a starting point,raises the central problem in this paper,namely illegality cognition mistake for legal come about,we should take what kind of attitude to treat it.Secondly,this paper deeply analyzes the concept and characteristics of legal offense and the concept and classification of illegality.Finally,based on the understanding of legal and illegality cognition mistake,the connotation of legal illegality cognition mistake,namely in involves whether the actor's behavior constitutes the legal,actors have correct understanding of the behavior of the implementation of his facts,but for the enforcement of the legal nature and legal consequences.The third part is in our country "criminal law" general provisions,and specific provisions of criminal law of illegality cognition errors and statutory provisions with the characteristics of fuzziness,on the basis of to use what kind of attitude and method to treat the cognizance of the legal problem of illegality cognition mistakes and responsibility decision problem in the theory of ideas.First of all,on the one hand,we should adhere to the principle that the actor must recognize the social harmfulness of his behavior.Whether on the other hand,through the offender has standard method and if I try to clarify legitimacy of specific methods to decide whether the legal person of illegality cognition mistake is avoidable.Secondly,from the legal responsibility identification of illegality cognition mistakes problem,is the legal illegality cognition mistakes whether can avoid the standard to distinguish treatment.The fourth part discussed in our country to improve the legislation on the legal criminal known issues of value,and on the basis of reference outside experience,puts forward the concrete legislation perfect plan.First of all,on the legislation to perfect legal illegality cognition mistake is helpful to reduce the fuzziness of "criminal law" the provisions of this problem is helpful to implement the principle of the unity of subjective and objective,is conducive to preventing further charges not applicable,to protect human rights.Secondly,based on the reference of foreign knowledge of illegality and statutory legislation pattern,on the basis of proposed in "criminal law" general additional regulations on legal illegality cognition mistake,at the same time to take criminal code and accessory criminal law the legal criminal mode of dual text,in order to make clear the scope of legal committed and crimes.