Research On The Possibility Of Illegality Cognition In The Context Of Statutory Offenders

At present,the research on the problem of cognition of illegality in China focuses more on whether it is retained or not or on the choice of status.In the era of increasing types of statutory crime,it is difficult to reach a consensus and hinder further research by too much entanglement in the theoretical origin of illegal cognition,to a certain extent,it also limits the freedom of life of citizens and increases the social risks we face.As a supplementary concept,the possibility of illegality can completely replace the original function of illegal cognition.The possibility of illegal cognition can not only make up for the lack of operability,but also effectively promote citizens' criminal law identity,and make the criminal law more predictable.This thesis is from the following aspects to analyze the possibility of understanding illegality.The first part is an overview of the possibility of cognition of illegality,which briefly describes the evolution of cognition of illegality-the transformation from Roman law maxim to modern social legal principles,highlighting the vacancy of cognition of illegality in the current criminal constitution system,and distinguishing the cognition of illegality error from the fact recognition error,and clarifying the difference between the two in the deductive reasoning premise.Through the summary of the theory of cognition of illegality in China,this paper confirms the correspondence between the possibility of cognition of illegality and the function and principle of criminal law in China,and affirms the realistic status of the possibility of cognition of illegality again.The second part is the possibility of cognition of illegality in Chinese criminal law controversies and difficulties,in the first part of certain possibility of cognition of illegality value,summarized from the aspects of theory and practice the crux of the use of this concept,theory of illegality is need to establish in the extension of "law" established,the article will be launched for the extension "former legal norms,legal norms know at home and abroad,recognize and norms of criminal law.The dilemma in practice is that it is necessary to define a peripheral framework for the possibility of cognition of illegality in combination with the concepts of legal crime and natural crime,so as to find a balance point between combating crime and protecting human rights and ensure the stable operation of criminal law.The third part is the status establishment of the possibility of cognition of illegality.Combing the knowledge of illegality or deposit or waste argument,this paper tends to should have a place among crimes in cognition of illegality,the conventional view of elements due to intentional or justification reason are not fully inclusive characteristics of cognition of illegality,if consider from the Angle of influence crime was established,whatever conclusion presence of self-consistent sex difficult to quickly accepted by the society,combined with the legal guilty of the double front element such as crime,variability in nature to make,this paper argues that the possibility of cognition of illegality as the sentencing factors can properly absorb the bad feelings,also adapt to the principle of crime punishment.At the same time,it is acknowledged that the lack of cognition of illegality possibility caused by different factors will undertake different legal consequences,and the type of the lack of cognition of illegality possibility affecting should be analyzed in specific behaviors.The fourth part is the review factor of the cognition possibility of the legal offense illegality.This part focuses on the practical judgment of the possibility of illegality knowledge,and first of all,the part involving illegality knowledge in the cases of high attention.Then,several typical censorship factors are listed,mainly including the identity of the subject and the way of behavior,in order to correspond with the possibility of lack type in the third part of the article.Finally,the review of the possibility of cognition of illegality is summarized in two levels: objective predictability and subjective effort.When the actor meets the review standards of these two levels,namely,the judicial determination that he does not have the possibility of cognition of illegality,he can be given a lighter or imitative punishment as appropriate.