On The Application Of Law To The Wrong Understanding Of Illegality In Environmental Criminal Cases

In environmental criminal cases,illegality cognition error problem is common,selected 137 cases of cases through analysis,found that in the case,the defendant's cultural level is generally low,and more for farmers,cases occurred in yunnan,guizhou,jiangxi is more,most of the cases did not respond to problems of illegality cognition errors,or put them with the rest of the responsibility to reduce factors discussed,has not fully considered.At present,there are some problems in judicial practice,such as the vague concept of wrong understanding of illegality,the cold attitude of judgment,the proof of subjective attitude,and the dispute over whether the wrong understanding of illegality prevents "intentional".It is suggested to define the possibility of illegality,abandon the principle of "not knowing the law is not exempt from liability",use the incentive mechanism of guilty plea and punishment,and set relevant provisions in the criminal law.There is a close relationship between the criminal responsibility of the perpetrator in the environmental criminal cases.Whether the illegal cognition error should be considered by the judge in practice or not,the handling of the illegal cognition error,whether in the civil law system or the common law system,is a more important theoretical issue,and is of great significance to enrich the criminal law theory of our country.There are five chapters in this article:The first chapter mainly introduces the background,significance and methods of the research,summarizes the research status at home and abroad,and puts forward the innovation and shortcomings of the article,which lays the foundation for the paper.The second chapter mainly expounds the two theories of illegal knowledge,that is,the non-discussion of illegal knowledge and the necessary theory of illegal knowledge,as well as the related concepts and types of illegal knowledge errors.distinguish.The third chapter conducts an empirical analysis.Through the collected effective cases,it analyzes the influencing factors of the wrong understanding of illegality in environmental criminal cases,such as the place where the case occurred and the defendant's cultural level.After summarizing and analyzing the data of these influencing factors,two environmental criminal cases with "illegal misunderstanding"were analyzed,and how to judge the misunderstanding of illegality was analyzed.The fourth chapter uses the aforementioned data analysis to determine the current status and problems of the application of misunderstandings in environmental criminal cases.Questions such as the overall judgement are indifferent,the wrong definition of illegal understanding is ambiguous,the subjective aspects of the crime have a problem with the proof and proof mode,and whether the wrong understanding of the law prevents the intention.Chapter 5 puts forward suggestions based on the problems mentioned in Chapter 4,and clarifies how the wrong understanding of illegality is applied in environmental criminal cases to solve specific problems in judicial practice.