Research On Cognition Of Illegality In Criminal Law In China

To understand the cognition of illegality literally,the academia usually consider it is perpetrator’s awareness of their behaviors are illegal.It should be cleared among the concepts that the kind of behaviors are illegal and whether the cognition of illegality is about the awareness of formal illegality or essential illegality.At present,the academia is arguing about the essence of illegality between formal expression and essential expression,including the discussions of the relation between the cognition of illegality and the cognition of social harmfulness.Then,discussing about the cognition of illegality is one of the elements whether belongs to criminal intention or responsibility what has a vital influence for the identification of crime and responsibility.All of these questions are need to be discussed in depth.At the level of the cognition of illegality of perpetrators,the academia puts out three propositions.First,perpetrators aware of violations broke the pre-legal standard.Second,analyzing the cognition of illegality from the perspective of monolithic law.Third,make clear we should not only know behaviors violated law,but also need to know perpetrators are deserve to be punished by criminal law.For errors in cognition of illegality,the article analyzing several situations for the reasons of it,and give some corresponding advice in order to clear the importance about cognition of illegality to the system of crime in China.