| As a theory of Illegal Consciousness introduced from abroad,there are many scholars who reveal the words of beauty,but the data shows that China’s judicial practice is not so friendly to its acceptance.The reason is that when Chinese scholars introduced the theory of Illegal Consciousness,their research did not get rid of the research path of the theory of Illegal Consciousness in the home country.This article attempts to change the research method and place the Illegal Consciousness under the content of criminal liability Simply consider it as an element of criminal attribution to consider its impact on criminal responsibility,and explain it in accordance with the following ideas:In the first part,considering that the theory of Illegal Consciousness was introduced from abroad,the author first made a simple definition of the specific content of Illegal Consciousness.However,when introducing relevant knowledge about illegality,Da Fan must talk about the "illegality" in the criminal law theory of civil law system,and the author is no exception.On the one hand,there is a similar social harm in the theory of criminal law in our country.On the other hand,"illegality" will be interspersed in this article.Let it be regarded as a pavement.Therefore,this section also provides a brief explanation of the relationship between "illegality" and social harm.After explaining the related concepts of Illegal Consciousness,this article has carried out the second part.This part consists of two subsections: one is the relationship between Illegal Consciousness and subjective intention;the other is the impact of Illegal Consciousness on criminal imputation.The first section is actually just a brief introduction to the previous research,which can not be discussed,including the introduction of foreign theoretical research and the introduction of the research on the Illegal Consciousness in China’s criminal law.Finally,the author talks about the position of this article,and from this section,I introduce undertaking of the second section.Under the stance of this article,the author began to propose the study of illegality as a criminal imputation element,and undertook such a research path,and developed its theoretical and practical feasibility in the second section,including civil law It is the influence of the country if it is used as an element of criminal responsibility,and it is gathered together to demonstrate with legislative and judicial practice.It also includes what kind of criminal liability will be produced under the criminal law system of our country.Impact;the section also concludes with a summary that summarizes thedifferences between the two major legal systems when criminal awareness is a factor in criminal liability.Following the second part,the third part of this article discusses how to carry out judicial identification of illegal knowledge.In view of the theoretical and practical differences in the identification of issues related to illegal knowledge,if you want to accurately determine whether an actor has illegal knowledge,you must be based on both legislation and the actor,and only when the two have reached a high degree of agreement can they be fully identified.The perpetrator has an illegal understanding.From this logical perspective,this part discusses how to determine the possibility of illegal knowledge from the perspective of law and the actor and the possibility of illegal knowledge from the level of reality.Of course,if there is a misalignment between the actor’s illegal knowledge at the actual level and the supposed level,that is,the high-level agreement between the actor’s illegal knowledge and the legally prescribed illegal knowledge is not reached,how should we deal with it is also worth considering.The third subsection of this part focuses on this point,and believes that the wrong understanding of the wrongdoers should be distinguished from avoidable wrongful mistakes and unavoidable wrongful mistakes;if the wrongdoers’ misunderstanding is avoidable Misunderstanding of illegality will not affect the determination of final criminal liability,but if it is an unavoidable misunderstanding of illegality,and from the perspective of the recognition of illegality as an element of liability in this article,the criminal should be mitigated against the perpetrator.Liability or even criminal liability.The last part belongs to the concluding work of this article.After all,the research idea of this article is different from the past.There must be many deficiencies.A summary of the article is simple.It is expected that scholars and experts will give more judgment and correction. |
