刑法中的违法性认识探析

Study on Illegal Cognition in Criminal Law

传统刑法理论并不要求在犯罪故意中有违法性认识,我国刑法界也以"不知法律不免责"为通说。然而随着刑法理论的发展,这种传统的理论观点受到质疑。我国刑法应坚持主客观相统一的刑事责任原则,根据案件的具体情况,实事求是的评价违法性认识对刑事责任的影响。

The traditional theory of criminal law does not require the illegal cognition in criminal intention, and Chi- na＇ s scholars of criminal law also share this view that ＂ignorance of the law does not mean exemption＂. However, with the development of theory of criminal law, the traditional view has been questioned. Our criminal law should ad- here to the principles of criminal responsibility of the unity of subjective and objective and assess the illegality cog- nition＇ s impact on the criminal responsibility according to the specific situation of the cases.