Research On The Understanding Of Illegality From The Perspective Of Statutory 0ffenders

Judging from the statistics,the traditional "ignorance of the law without exemption from responsibility" subtly affects the court’s handling of the problem of illegal cognition,and the contradiction between this concept and responsibility has attracted increasing attention.The biggest theoretical dilemma of China’s illegality understanding lies in how to achieve compatibility between the understanding of illegality under the German-Japanese class theory system and the construction of rules for determining illegality under the German-Japanese class theory system.In this regard,taking statutory offenders as the observation reference point,through the statistical analysis of the sample of illegal awareness cases,it is found that they have the problems of ambiguous positioning and unclear identification rules,and the theory of illegal cognition is analyzed and reflected in detail from the connotation,positioning,identification rules and influencing factors of illegal cognition.The first part is the current situation of the practice of illegal cognition in the field of statutory offenders,and most judgment documents on the recognition of illegality lack substantive analysis of the determination of illegality,showing a chaotic situation of varying leniency and strictness.Through the analysis of the current situation of judicial practice,it is helpful to strengthen theoretical research while grasping the practical value of understanding illegality,and lay a practical foundation for straightening out the significance of understanding illegality in the evaluation of criminal responsibility.Therefore,from the two aspects of system positioning and identification rules,it is necessary to conduct a deeper study on the theory related to the understanding of illegality.The second part is the interpretation of the content of the understanding of the illegality of statutory offenders.From the perspective of the logic of the understanding of statutory offenders,the understanding of formal illegality is the premise of the understanding of substantive illegality,and the understanding of substantive illegality is essentially consistent with the understanding of social harm in criminal intent.The third part is about the establishment of the positioning of the illegal awareness system.The concept of intentionality is clearly stipulated in China’s criminal law provisions,based on China’s fourelement crime theory system,it can comprehensively explain the legitimacy of the understanding of illegality as criminal intent from the perspective of normative foundation,normative responsibility theory and general prevention.The fourth part is the construction of rules for determining the understanding of illegality from the perspective of statutory offenders,combining the logic of statutory offender cognition and the characteristics of dual illegality,constructing a judgment model,determining the judgment standard of type persons,and clarifying in criminal legislation and justice the four factors that will have an impact on the understanding of illegality,namely the perpetrator’s cognitive ability,mode of behavior,special field,and source of legality awareness.