Research On The Relationship Between "Violating State Regulations" And Criminal Illegality

The scope of "state regulations" in "violation of state regulations" should be determined in strict accordance with Article 96 of the Criminal Law and the "Notice of the Supreme People’s Court on Issues Concerning the Accurate Understanding and Application of " State Regulations " in Criminal Law".The legislative manifestation of "violating state regulations" should be grasped from two aspects: form and substance.The status and significance of "violation of state regulations" in the crime theory system are mainly two.One is as a constituent element of a crime,which supplements the criminal charges of an administrative offender and determines whether the relevant crime is established or not;the other is as a component of a crime.The stipulations on the reasons for illegal obstruction are meant to remind judicial personnel that there is a legal situation and avoid improper conviction.In our country’s general theory of four-element crime constitution system,criminal illegality is usually regarded as one of the characteristics of crime.The criminal illegality that this article is going to explore refers to considering whether it has a crime exclusion reason on the basis of judging the social harmfulness of the behavior in combination with the subjective and objective conditions of the crime.It is also equivalent to the three-class crime theory,which considers whether the behavior is illegal after the behavior should constitute the elements;in the two-class theory,it means that whether the behavior contains illegal obstructions is considered on the premise that the behavior satisfies the illegal constitutive requirements.In the dispute between illegal monism and illegal relativity,the moderated illegal monism should be taken as the theoretical premise to deal with the relationship between "violation of state regulations" and criminal illegality.In the standard of distinguishing the criminal illegality of administrative crimes,the theory of quality distinction should be adopted,and the distinguishing standards should be determined according to different types of administrative crimes.To deal with the cognition of "violating state regulations" and the cognition of criminal illegality,first of all,it is necessary to clarify that the content of cognition of criminal illegality should adopt the cognition theory of violation of legal norms.Secondly,it is necessary to make clear that the cognition of criminal illegality belongs to the content of criminal intention in the theoretical system.When specifically judging criminal intent,natural offenders and statutory offenders should be treated differently.The misjudgment of the criminal illegality of administrative criminals who take "violation of state regulations" as the precondition for the establishment of a crime should be analyzed in detail in conjunction with the meaning of "violation of state regulations" in relevant administrative crimes.The burden of proving criminal illegality knowledge should be borne by the prosecution.The criterion for judging the misunderstanding of criminal illegality should be determined based on three aspects: the criteria for distinguishing between individuals and ordinary people,the criteria for combining objective obstacles and subjective obstacles,and the perpetrator’s "attitude" and "ability".The identification of criminal illegality cognition should also be comprehensively dealt with by combining the three identification methods of criminal presumption,criminal inference and express exception.