The introspection and Reflection on the Possibility of Illegal Cognition

Abstract

The cognition of illegality is the foundation of responsivism. However the lack of standardization and clearness in the judgment of illegality cognition leads to judicial tension, which can be alleviated by the necessity of prevention. Under the hierarchical criminal system in the Civil Law System, the status of cognition possibility of illegality plays a positive role in the construction of justification, security measures and normative responsibility. In Chinese Four Elements, the possibility of illegal cognition is the element of intent. The cognition of illegality is the expression of condemnable will, which embodies the opposition or contempt to the whole legal order. The distinction between normative elements and factual elements is relative, and judgment shall be made from such dimensions as formal basis, substantive basis and policy basis. The standard of judgment for the two shall also be improved and refined.