| In recent years,there have been a number of cases of administrative offenders in judicial practice that have aroused widespread concern among the public.As the judicial authorities are caught in the traditional judicial concept of "not knowing the law does not exempt you from responsibility",it is difficult for the public to agree with the court’s decision,and the credibility and authority of the judicial authorities are challenged.This is precisely because the theory of administrative offenders’ misconception of illegality is not correctly applied,resulting in mechanical or even wrong understanding and application of the corresponding criminal law provisions.This paper takes the typical cases of administrative offenders as the starting point,determines that administrative offenders have administrative illegality compared with natural offenders,and defines the theory of administrative offenders’ wrong perception of illegality on the basis of the criminal policy of balancing accountability and general prevention: the violation of the preceding administrative regulations is a necessary condition,and the normative evaluation of criminal law and the subjective evaluation of the actor’s behavior are not unified when the actor commits the illegal act.By sorting out the cases of administrative offense perception error in recent years,the majority of cases of administrative offense perception error in the judgment documents embodied in a variety of judgment elements,which is due to the judicial practice is not judged by a certain standard of administrative offense perception error,even if there is a judgment standard,the judgment standard of each judicial organ does not have uniformity.Therefore,this paper attempts to improve the theory of administrative offender’s perception of wrongfulness so that the remission of punishment in special cases is reasonable and justified: on the one hand,reasonable differentiation standards should be constructed for the judgment of administrative offender’s perception of wrongfulness: respectively,the actor as the standard in the field of daily life,the general person as the standard in the field of profession,and the general person as the standard in the field of social order.On the other hand,the criteria for determining the judgment are based on the consideration of elements of judgment.In other words,in the field of daily life,the judgment of wrongful awareness of illegality shall be judged by the awareness of the perpetrator as the standard,giving priority to the nationality,education,age and occupation of the perpetrator,etc.In the specific professional field,the judgment of wrongful awareness of illegality shall be judged by the standard of professional generalists in this field,giving priority to the previous administrative acts,replies of state organs,judicial decisions,private legal opinions of lawyers,etc.In the field of social order,the judgment of the error of perception of illegality should be based on the standard of the general public,giving priority to the degree of publicity of laws and regulations and the degree of professionalism.The theoretical research on the misunderstanding of the illegality of administrative crimes is becoming more and more important in today’s society,clarifying the basic theory of the misunderstanding of the misunderstanding of the illegality of administrative crimes,and improving the application of the judgment elements and criteria in the theory of misunderstanding of the illegality,so as to truly apply the criminal law theory in judicial practice. |
