Research On The Possibility Of Illegality Cognition Application From The Perspective Of Criminal Responsibility

Illegality cognition possibility can not only protect human rights but also reduce the social risk of indulgent criminals.Illegality cognition possibility refers to when the perpetrator commits a crime,is able to realize the possibility of behavior illegality,this possibility is that behavior person should have a basic cognition about its behavior will touch the legal bottom line of “signal”,but he don’t need to know the possibility of real,namely the offender may be indifferent to “signal”.The relationship between illegality cognition and illegality cognition possibility,the former is the fact of mental activity of the actor,more emphasis on “cognition”;the latter is manifested as the objective conditions for the actor to produce the facts of specific psychological activities,focusing on the “possibility” that the objective conditions lead to “cognition”,which belongs to different conceptual fields.The possibility of illegality cognition cannot replace the status of social harmfulness cognition as the essential feature of crime,and it is true that it is not the content of intentional knowledge,and the lack of illegality cognition possibility cannot prevent the intention of crime,otherwise it cannot reflect the substantial content of intention and negligence,and it is easy to break the logic of hierarchical judgment.It is undeniable that when the actor realizes the illegality of the behavior or has the possibility of cognition but does not have the knowledge of social harmfulness,the possibility of illegality cognition has reference value for the determination of intention.Different from the theory of strict liability,the theory of limited liability,based on the nature of liability,further explores whether the illegality awareness can be avoided.When the actor does not realize that the act is illegal but has the possibility of illegality awareness,he should try to recognize the illegal but let it go,so responsibility should be taken.In 1957,it was reflected in the draft criminal law.Unfortunately,the deletion did not really resort to legal words.The possibility of understanding the illegality of criminal responsibility is the inevitable requirement of the principle of legality of crime and punishment,which conforms to the value orientation of modesty and suppression of criminal law,and is an important embodiment of the function of human rights protection.The judgment can be regarded as the epitome of the implementation of the criminal law.By analyzing the facts of the case,defense opinions and judgment reasons,it can be seen that China’s treatment of the possibility of understanding illegality has different results.Therefore,the recognition and application of the possibility of illegality cognition have become the focusof the research.Related problems include the inevitable illegality misunderstanding.The possibility of illegality cognition and illegality misunderstanding are actually two sides of the same problem.The backward deduction of illegality cognition error can help to identify the possibility of illegality cognition.When illegality knowledge error is inevitable,the conclusion that illegality knowledge possibility is lacking is drawn.For the actor with the capacity of criminal responsibility,as long as he has a basic understanding of the facts of the behavior and does not put forward the defense of illegality,he can be presumed to have the possibility of illegality cognition.This presumption is only a method of litigation proof,and does not really transfer the burden of proof of the public prosecution.Although the possibility of illegality cognition is still debatable,it can not deny the impact on criminal responsibility,and it is appropriate to form specific treatment methods for some types of cremes.