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The Influence Of Illegality Cognition Error On Conviction And Sentencing

Posted on:2022-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z J WangFull Text:PDF
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Zhao Chunhua was convicted and sentenced in late 2016 for illegal possession of guns,drawing widespread attention from all sectors of society.Zhao Chunhua held a toy gun in his own balloon stand,which was considered to be an imitation gun,violating the crime of illegal possession of firearms and was given a punishment.Running a balloon stall business is considered to have violated the criminal law,but does his behavior belong to the law after all? Discussions and controversies have been rife,and opinions on the ruling have been mixed.Criminal law is the last barrier to our life safety and norms,especially the crime of illegal possession of guns is obviously harmful to the society,and should be subject to legal norms.However,if the criminal law intervenes too much in the daily life of the public,the freedom and power of the public will inevitably be infringed.In this case,the analysis of illegality cognition error is the key point.Whether Zhao Chunhua has the possibility of illegality cognition and whether it can be avoided is the important issue in this paper.On the basis of this problem,the problem that needs to be solved is whether the illegality cognition error belongs to the intentional theory or the liability theory.This paper agrees with the liability theory,and on the basis of the liability theory,it puts forward some superficial legal suggestions at the end of this paper.The introduction section of this article explains the research background and significance,the first part with illegal gun on case analysis,in this case the case on the basis of the analysis of the case the focus of controversy,especially for the offender illegality cognition mistake judge the controversy carried on the thorough analysis,the second part analyze the system of the illegality cognition belongs to,Of responsibility theory and the theory of intentionally was analyzed,and the third part of illegal gun actor illegality cognition are summarized,including the controversial views of illegality cognition in applicable,illegality cognition in a conviction for the necessity,the illegality cognition error handling as well as on the existence of inevitable illegality cognition errors,In the last part,the author puts forward a superficial viewpoint on the cognition error of illegality in legislation and judicature,hoping to help the cognition error of illegality in our country.
Keywords/Search Tags:Illegal cognition, Illegal possession of firearms, Punishment fits the crime
PDF Full Text Request
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