论违法性认识错误-刑法学专业论文.docxVIP

II II Abstract The error in cognition of illegality originated from the “ignorantia juris non excusat, ignorantia facti excusat”, a principle of Ancient Rome. Corresponded to error in cognition of fact, the error in cognition of illegality was defined as the actor has realized his actions consistent with the facts of the constitution of a crime, but not a correct understanding about the legal nature of his actions. It is included ignorantia legis and aequivocatione legis . The system of error theory was divided into the error in cognition of illegality and the error in cognition of fact. But, Because of the normative elements of constitutive requirements error, the expected error and exemption of illegality errors both fact and legal evaluation of errors, leading to scholars on them to define the nature of public opinions are divergent. The expansion of Statute Law resulted of the error in cognition of illegality research continuously thorough in criminal law theory, and traditional illegality cognition error does not affect the criminal liability principles began to waver. Foreign criminal legislation and the theory confident the error in cognition of illegality should be mitigated or exempted the criminal liability. But their theoretical basis has divided into the doctrine of natural crime and statutory offender, the doctrine of strict deliberately, the doctrine of Restrictions deliberately, the doctrine of intentionally differences. As a result of our country’s four elements plane coupled constitutive elements of crime theory and civil law’s three elements of progressive elements of academic distinction, led to the error of illegal cognition in our country is the focus of the social harmfulness cognition of abolition, and the doctrine of deliberately is our rational choice. The error in cognition of illegality is impossible to avoid, because of the criminal law are both the behavior norm and norm of adjudication. In order to better protect the actors’ rights, we