On The Understanding Error Of Normative Constituent Elements

The direct influence brought by the increase of statutory offenses in terms of criminal law and regulations is the increasingly frequent use of normative constituent elements,which also leads to the frequent occurrence of misunderstanding of normative constituent elements by actors in judicial practice.There are deep-rooted social reasons for the misunderstanding of normative constitutive elements.First,the control of social life by criminal law shows an expanding trend.Second,there is a separation between the meaning of criminal law and the meaning of life.All these make the actor easy to misunderstand the elements of normative constitutive elements,which makes it necessary to pay attention to this proposition in theoretical research.The cognitive errors of normative constitutive elements are not a single type,which can be divided into blank elements,overall evaluation elements,social evaluation elements and legal evaluation elements.Since the elements of normative constitutive elements are the organic components of objective constitutive elements,and the elements of normative constitutive elements are the intentional cognitive contents,the cognitive error of normative constitutive elements should belong to the factual cognitive error.In terms of the dilemma of the wrong cognition of various types of normative constitutive elements,the cognition error of legal evaluation elements has the dilemma of ignoring the "normalization" of legal evaluation elements and the alienation of the parallel evaluation formula of layman.There exists the excessive influence of administrative preposition law on the blank elements and the judicial regulation dilemma of judicial split between administrative violation and criminal violation judgment.The cognition error of social evaluation elements has the judicial regulation dilemma that the evaluation standard ignores the doer’s self-consciousness and the illegal judgment is confused with the responsibility judgment.There exists the judicial regulation dilemma that the whole evaluation elements are not differentiated.After clarifying the above cognitive error dilemma,we can put forward targeted regulatory measures respectively.The problems existing in the cognition error of the elements of legal evaluation can be regulated by attaching importance to the basic facts of supplementary illegality.The problems existing in the cognition error of blank elements can be regulated by eliminating the bad influence of administrative preposition law and establishing the integrated judgment mechanism of administrative violation and criminal violation.The problems existing in the cognition error of social evaluation elements can be regulated by separating the evaluation conclusion from the evaluation material and reasonably accepting the subjective special cognition of the actor.To solve the problem of the cognition error of the whole evaluation elements,we can classify the whole evaluation elements,and on this basis,we can regulate the judgment methods by distinguishing and judging.