Dissertation > Excellent graduate degree dissertation topics show

Study of Illegal Cognition

Author: DingLiFang
Tutor: YuGaiZhi
School: Shandong University
Course: Legal
Keywords: Illegal cognition The possibility of illegal cognition The illegality understanding errors
CLC: D914
Type: Master's thesis
Year: 2008
Downloads: 172
Quote: 1
Read: Download Dissertation

Abstract


Illegal cognition in civil law countries is an important issue in our criminal law scholars in recent years has also become a theory hotspots. This article the concept of the illegal cognition, illegal cognition status in the commission of a crime, illegal cognition errors and principles and illegal cognition judicial determination of illegal cognition theory, published his views . Is divided into four parts. Part I: the nature of the review focuses on the basic situation of the illegal cognition, is the basis of the following chapter, mainly on the four areas of content, including the historical background of the illegality of the theory of knowledge, the concept of illegal cognition, content classification. Part II: the status of illegal cognition in the constitution of a crime, is the focus of this article. Starting from abroad and our 刑法理论界 on different theories of illegal cognition research, combing abroad and our doctrine about illegal cognition research, first introduced the various theories of civil law on illegal cognition and the focus of controversy, and elaborated our a relatively common 刑法理论界 the doctrine, and the focus of controversy. Through the analysis of the controversy these doctrines put forward their point of view. Illegal cognition doctrine is essentially negates the intentional in illegality errors whether responsibility, as well as in how much the scope of the internal resistance of deliberately differences on the issue of liability. That if there is the possibility of illegal cognition, then the the illegality error is inevitable, the perpetrator is not criminal responsibility; illegal errors can be avoided if there is the possibility of illegal cognition, behavior shall be liable for intentional criminal responsibility for crimes. The possibility of illegal cognition is one of the elements of criminal negligence, but the in overconfident Negligence negligence and carelessness, illegality raising the possibility of meaning is not the same. Part III: error about illegal cognition and principles, the first of what is illegal cognition error defined introduce a different definition of civil law and of error for illegal cognition, and put forward their point of view, and then introduced the foreign illegal cognition wrong principles and learn. Part IV: illegal cognition judicial and legistalire of sound, first discussed the subject and the standard of judgment illegal cognition, and put forward some proposals on the basis Experiences from Abroad.

Related Dissertations

  1. Understandings of Illegality in Perspective of Chinese Criminal Law,D914
  2. Research on the Possibility of Criminal Negligence Dimension,D924.11
  3. On Supplementary Status of the Illegal Cognition in Criminal Intention,D914
  4. On illegal cognition system status and identified,D914
  5. Study on Legal Problems of Criminal Intent,D924.11
  6. Research on Consciousness of Illegality,D914
  7. Research on the Knowledge of Illegality,D914
  8. Research of sin fundamental problem,D917
  9. Illegal cognition research,D914
  10. On the criminal intent understanding of factors,D924.1
  11. Theory of Cognition of Infringing Criminal Law,D914
  12. Interpretation of Unrechtsbewuβtsein in China’s Context,D914
  13. Research on the Illegal Consciousness,D914
  14. The subjective element of environmental crime Dynasty,D924.3
  15. On the Structure of Indirect Intent,D914
  16. Research on Duty Embezzlement Crime in "Family Company",D924.3
  17. Some Problems of criminal intent,D924.1
  18. The Study on the Knowledge Issue of Criminal Intention,D914
  19. Illegal cognition problems,D914
  20. On Criteria for Selection of Criminal Elements,D914
  21. Understandings of Illegality in Perspective of Chinese Criminal Law,D914

CLC: > Political, legal > Legal > UNIVERSITY > Criminal law
© 2012 www.DissertationTopic.Net  Mobile