Research On The Cognition Of Illegality From The Perspective Of Statutory Offenders

With the advent of the era of legal offenses,the problem of cognition of illegality has become an issue that cannot be ignored.The foreign theoretical circles have conducted in-depth research on the understanding of illegality.With the spread of German and Japanese criminal law theories in our country,Chinese academic circles have also conducted in-depth research and discussion on the problem of illegal understanding.However,there has been no theoretical general theory guiding judicial practice on this issue,which has intensified the judicial practice department's response to illegality.Indifferent attitude towards awareness issues.Since my country's legislation does not clearly stipulate the problem of illegal knowledge,and the concept of knowing the law still exists in judicial practice,the judicial practice department has largely ignored the impact of illegal knowledge on criminal responsibility,and on some issues ?There has been a phenomenon of different judgments in the same case.In order to solve the problems in judicial practice and maintain the fairness and justice of individual cases,on the one hand,the author believes that the Article 16 of my country's Criminal Law can be expanded and interpreted as the legal basis for the knowledge of illegality,so as to solve the problem of illegal knowledge in my country's criminal law.On the other hand,the author believes that the theoretical research should not be obsessed with the systematic positioning of the problem of illegal knowledge,but should focus on constructing the system technology and specific methods for applying illegal knowledge to judicial practice.Regarding the possibility of cognition of illegality as a criterion for determining whether the perpetrator has cognition of illegality,and extending this criterion in the form of guiding cases or judicial interpretations.