Research On The Misunderstanding Of Illegality In The Determination Of Statutory Crime

In the social period dominated by natural criminals,the absolute principle of presumption of knowledge of the law is used to presume that citizens know the law,and there is no need to consider the issue of illegal knowledge,that is,do not talk about illegal knowledge.However,with the continuous development of the social economy,in order to manage the social order,the state has formulated a large number of guidelines and policies and related legislation.The increase in the number of legislation has led to the transformation of the phenomenon dominated by natural crimes into the dominance of statutory crimes,and the presumption of absolute knowledge of the law is no longer available.In order to adapt to the current society,the understanding of illegality in the era of statutory offenses must become the mainstream.However,there are legislative gaps in our country due to the misunderstanding of illegality,and judicial practice is in a state of no basis.In the field of statutory offenses in recent years,some cases reported by the media have aroused heated discussions in the society,and public opinion generally believes that the punishment is too severe.Mainly due to the deep influence of the concept of presumption of knowledge of the law,the determination of statutory offenders in practice is still at the level of illegality,which has led to the questioning of the judgment results.In the era of statutory offenses,it is no longer possible to require the perpetrator to be aware of all laws.For more than ten years,scholars in our country have been debating whether the understanding of illegality is necessary.In judicial practice,they also tend to take a traditional view,and then ignore the important role of wrongful understanding of illegality in criminal responsibility.Therefore,it is necessary to study the misunderstanding of illegality in the legislative situation where the majority of statutory offenders in our country are,and has its practical significance.The research on misunderstanding of illegality in the determination of statutory offense needs to solve four problems in practice: first,whether the defender’s main purpose of using misunderstanding of illegality as a defense reason is to commit a crime or to send a sentence;Clearly need illegal knowledge;third,if illegal knowledge is needed,what position should it be placed in my country’s criminal law system;fourth,after determining the need for illegal knowledge,how to deal with illegal knowledge errors in legislation and judiciary The problem.In order to promote the process of misunderstanding of illegality in my country’s criminal law,coordinate state power and private interests,and demonstrate social fairness and justice,it is necessary to study the misunderstanding of statutory illegality from both theoretical and practical aspects.The first chapter is a basic overview of the errors in legal crime,mainly introducing the basic concepts of legal crime and illegal understanding,distinguishing legal offenses from natural offenses,and clarifying that legal offenses are caused by the perpetrator’s violation of the previous law.It is a crime set by the relevant administrative norms of administrative law,and it has the basic characteristics of double illegality of criminal illegality and administrative illegality.Regarding the content definition of illegal cognition,it is believed that illegal cognition is a formal kind of illegal cognition,and the theory of illegal cognition originates from the earliest principle that ignorance of the law is not exempt from liability,and the application basis of this principle in the social period at that time is analyzed.Legal misunderstanding of illegality is mainly to study the importance of misunderstanding of illegality in the determination of statutory offence.Therefore,it is necessary to classify different types of misunderstanding of illegality,and make different divisions according to different standards,mainly including: direct violation of the law Sexual misunderstandings and indirect illegal misunderstandings,avoidable illegal misunderstandings and inevitable illegal misunderstandings,illegal misunderstandings in natural crimes and illegal misunderstandings in statutory offences,also include illegal misunderstandings A distinction has been made with our country’s legal errors.The first chapter is mainly about the theoretical analysis and concept introduction of the legal violation of the law,and the concept of the research object is clarified,which is helpful for further research on the legal violation of the law.The second chapter is the research on the application dilemma of the statutory wrongful misunderstanding of the illegality,through the retrieval of the cases involving the wrongful misunderstanding of the illegality in judicial practice,and selects the valid case judgments for analysis.Classify and summarize the judgment characteristics and judicial practice deficiencies of the retrieved cases of legal misunderstanding of illegality,and find out the reasons for the dilemma of the application of misunderstanding of illegality.The main features of the adjudication are as follows: the cases of legal misunderstanding of illegality are mainly distributed in Chapters 3 and 6 of the Criminal Law of the People’s Republic of China(hereinafter referred to as the "Criminal Law");The main purpose of the defense reason is not to be used to commit a crime,but to be used as a circumstance to reduce the sentencing,and most of the judicial organs do not support the wrong understanding of illegality.The main deficiencies are as follows: the judicial organs have inconsistent identification standards for misunderstandings of illegality,the distribution of the burden of proof is unclear,the misunderstanding of illegality in judgments is less rational,and it is easy to cause objective guilt.And summed up the reasons that led to the dilemma of the application of legal errors in judicial practice: firstly,because there is no clear provision on errors of understanding of illegality in my country’s Criminal Law,which led to no legal basis for judicial practice;secondly,illegality There are constant disputes between cognition and the cognition of harmfulness in our society;the third is that the concept of absolute knowledge of law is still deeply rooted in the determination of statutory offenders.The third chapter is mainly about the system orientation of illegal cognition.Misunderstanding of illegality is an important factor that can affect the criminal responsibility of the perpetrator,and its research cannot be separated from the country’s criminal constitution system.There are different theories and disputes about the cognition of illegality in the positioning of the civil law stratum crime theory system.The theory of constitutive elements should be further divided into: do not talk about illegal knowledge,strict intentional theory,restricted intentional theory,and the distinction between natural offenses and statutory offenses.There are also theoretical disputes about the positioning of illegal knowledge in the elements of crime in our country: in the theory of intention,it can be mainly divided into affirmation theory,negation theory,and compromise theory.factor said.Combining with my country’s national conditions,it is proposed that the knowledge of illegality should be placed in the subjective elements of our country’s four-element crime constitution system.Good move.The fourth chapter is about the practice of legal misunderstanding of illegality.In practice,the traditional presumption of knowledge of the law should be abandoned,and it is pointed out that the continued use of the presumption of knowledge of the law in statutory offenses lacks its legitimacy.Sexual misunderstandings do not have the adverse consequences of indulging in crime.Judicial practice needs to establish a corresponding discretionary mechanism for the application of illegal misunderstandings,mainly including the identification principles,judgment standards,and identification methods of illegal misunderstandings.As an element of the subjective aspect of the perpetrator,the knowledge of illegality needs to distinguish between ordinary people and specific people,and it is determined in combination with the actual environment,personal mental status,and social interpersonal communication of the perpetrator;The distribution system stipulates that the distribution of the burden of proof about illegal misunderstandings in our country is clarified;and the situations in which legal misunderstandings of illegal misunderstandings can reduce the criminal responsibility of the perpetrator are analyzed.Finally,it is proposed that judicial interpretation and the issuance of guiding cases can be used to solve the problem of legal gaps in legal misunderstanding of legal violations in my country.