The theory of criminal law of shallow understanding irrtumslehreLegal irrtumslehre， namely， refers to the illegality mistake for own behavior in law， whether what crime constitutes a crime shall be punished by， or what is wrong， is to oneself the legal nature of the action of meaning or Legal irrtumslehre usually includes three conditions: (1) the actor's behavior in law does not constitute a crime， the offender and constitutes a crime for which imaginary guilty， (2) the behavior in law constitutes a crime and does not constitute a crime， the offender mistaken assumptions that innocent， (3) for his act constitutes a crime shall be convicted and punishment in light of the existing errors， misunderstanding or Due to the legal irrtumslehre， only to the behavior of the offender is not correct understanding of the legal assessment， and for their actions in fact correct understanding of the situation is still there， so its act constitutes a crime shall be investigated for criminal responsibility is and how it is not usually （1）Imaginary innocent treatment principleThe principles for imaginary innocence， whether it involves a deliberately Foreign criminal law theory basically has the following kinds:1）Should know that don't speak， just for criminal facts have Canada criminal code article 19 regulation: "the ignorance of the law excuses and crime can be ShuZui " Motto: "Roman law and legal disclaimer" somehow also expressed a principle， namely: "in the crime as subjective FanYi established condition， not request to recognize his behavior of richtswitrig"2）Should know the reason， according to two: moral responsibility theory， personality responsibility Moral responsibility theory emphasizes on the rationality of free will blame illegal conduct， is considered to be objective 3）That said， the possible illegality of responsibility for deliberately， at least to the possibility of understanding While in China mainland， the introduction of the concept of crime has another concept -- social consciousness that harm to discuss richtswitrig already Because the deliberate crime according to law condemn the illegality of the offender is not known， the law itself is not damaged， the law of the social consciousness is Social harm consciousness is the essential contents of the crime， illegal consciousness is the legal form of social Therefore， our country law more emphasis is on the rationality of essence， which is harmful to the society Just because of its social harmfulness， with a social moral evaluation colour， easier for people to grasp and Therefore， the author thinks that， in general， the person need to recognize his behavior may be the result of inevitable or harmful to the society， and has already With intentionally But in fact， the forbidden by law and mass that is harmful to the society in our country nowadays the behavior under the constitution should be consistent， in other words， know the social harmfulness also know the possibility of illegal， but know the possibility of illegal is inevitable should also realize social harmfulness， both are Therefore， it is generally thought that the law is no excuse， the reason of law does not exclude the misunderstanding in principle， but can be culpable for deliberately （2） Misunderstandings treatment PunishmentWe might as well so the essence of blame for his due: the crime in the subjective should blame or blame， for the intent or negligence If the offender because of misunderstanding that legal person feels very innocent， lack of this should blame or condemning sexual， from the fundamental measure， blame is absolutely not consider Especially in the modern society， the legal category SAN marino， legal entry in different fields and different levels of books， recognized， comprehend legal apparently endless and same， so the person of law and misunderstandings， not Now， both in theory and practice， the method not cling to forgive "seems to have in Therefore， to a certain extent， can also think admits exceptions excusable is legal misunderstanding of criminal law is an important symbol of In addition， it was not in the act of which is prohibited by the laws and regulations， especially after a circumstance， should have knowledge of richtswitrig actor， constitute the understanding of deliberate point of view， with the attitude of this understanding， of course， that is not the illegality or by the simple statement The author thinks that the only when the legal establishment of may， FangKeZu but The fact mistakeThat mistake， is to determine its subjective behavior nature and the criminal responsibility of the relevant facts wrong From the wrong reasons and phenomenon of angles， generally known that there are several mistakes:（1） Object irrtumslehreThe object is known for errors， whether there is objectively error It includes actor in the implementation of the existing criminal behavior of the hazards for the object and actually does not exist， or for criminal object and actually does not exist， or infringe a criminal object and actually invaded another crime The object of objects is usually known errors caused by mistake， but the object of different social relationship reflects Evil doer of objects and actual expected in fact not only harm object does not agree， and in the nature of law is not Therefore， the object irrtumslehre may affect the form of sin， crime accomplishment， and may even attempted to influence the For example， in view of the circumstances， not a thought before the enemy， and a party came to stick， afterwards just know the ox was A thought of damage is "people"， and the actual wounded is "cow"， do not belong to the same laws of the Similar situation and will generally be mistaken for drug trafficking items， Actor will stolen items in the theft of guns in stealing This object from the subjective errors， see， is a kind of mistake， From the objective， because the mistake crime to no avail， where the criminal attempted 1）Object mistakeObjects can be generalized mistake， including object mistake to belong to the object know mistake is inevitable object These include， is known to be wrong object of legal property of the same object mistake and legal properties of different objects， namely the object irrtumslehre In order to distinguish with the object mistake here， the cognition to the same object only mean error between the different objects， namely the misunderstanding of the evil doer expected objects and actual harm to the object， but not in fact in the legal nature of the same This object mistake again say things on purpose mistake not criminal As a reserve， killing b shall be killed as b and c， do not affect a This is the need to consider that a kill b behavior "mistake" cause others (c)， belong to an intentional crime (b) "death"， for the excess result， according to the results， which determine the ordinary mail of death was deliberately recognized for deliberately， to the death of the fault is propylene， identified as negligence， according to the intention or negligence of the general mark recognized FanYi or state of mind， not applicable rules of the 2） Behavior irrtumslehreBehavior mainly includes two kind of mistake: first， the behavior nature That actor has to its social harm nature， such as understanding not imaginary Behavior nature mistake might affect the form of sin， and may also affect Second， the behavior tools (methods) That person to use when the conduct of tool (methods)， which affects not correct understanding of harm results， behavior tools (methods) mistake can affect crime or attempted was founded， also can affect crime or belongs to the incident， a typical for murder on hazardous substances， because the drug failure and failed to kill people， can think method or tools for error doer of consciousness beyond reason not to And as actor see armour， second coming together， hence shot to play， but can't hit by the party Look， this is from the phenomenon of an object， or the final results for the mistake， but this error is based on the fact that the wrong doer identify offender is carefully identify to begin， can think recognize is accurate， errors in ChaWu The solution to this situation， "said"， its legal with qualitative and recognize wrong object is consistent， namely directly recognized as an intentional homicide The death of a person is directly intentionally to b， death is the indirect intentional， just for a to b is attempted， Additionally， if in daily life because misidentification object and damage of consequences， the crime itself is not just any criminal negligence because of 3)Causality irrtumslehreCausality mistake， is on his behavior and harmful results of actual connection between Generally include: first， not some harm result， as has happened This generally constitute a Second， has certain harm result， but not for actor or for his behavior is caused， and does not affect crime Third， really happened， the offender is aware of its behavior， but with the actual development between the harm to the process or a mistake， general to punish crime In theory， the offender is not only a crime， but continuous movement， this several continuous action is not a few crime， but a In this sense， doesn't exist on the results of the Legal irrtumslehre and facts mistake and proceduresDomestic scholars in fact know mistakes and errors between the issue legal representative views mainly include:（1）For own behavior whether in law constitutes a crime， criminal or what kind of criminal punishment shall be under the incorrect understanding is legal irrtumslehre for his behavior on the implementation of the incorrect understanding is the fact that mistake，（2）The objectivity of crime is a false understanding of crime， that mistake of objective facts have clear understanding， only to act in the evaluation of existing laws on the concept of law is not correct mistakes。（3）Actor known facts and actual fact don't agree is wrong， the person that judgment and objective law is law of illegal inconsistency These ideas basically could in theory and legal irrtumslehre fact distinguish mistakes， it is important to emphasize that：1) With the conviction that the so-called irrelevant， as this mistake to hit each other， the shooting head caused the death of heart， without vision of research into 2) Study of the theory of error， error occurs when the purpose， but whether to intentionally resistance， reduce plots affected only the wrong cognition， natural sentencing nor will it into the error theory 3) This does not constitute a crime and actor for crime， and for their behavior in the criminal law on the crimes and how to apply for criminal punishment on such specific knowledge error， conviction according to Based on this， the author thinks that， at the fact that criminal law is only to know wrong doer of elements to know the so-called objective facts constituents of mistake is the fact that the legal irrtumslehre error refers to the legal action is illegal and the evaluation of the From the theory of facts and legal irrtumslehre error， but the problem is in the law， criminal elements to the facts and law closely combined circumstances (like some administrative crimes and economic crimes)， or is in a fact itself contains certain laws of evaluation content， to distinguish with a mistake is the fact that mistake or legal wrong， is often If the property of his humanity and obscenity obscenity， administrative rules and regulations， JinYuOu， disrupt public until its precondition of the legitimacy of the public， and legal irrtumslehre facts wrong intertwined， and this is what we distinguish facts and legal irrtumslehre errors will solve the In some cases， the defendant should know that because of the lack of knowledge， and not to the behavior of social harmfulness， so that the defendant is not "knowledge they will entail harmful consequences to society， and hope or allows such results" and deliberate crime， the burden of proof is only FanYi prosecution， in addition， prosecution without proof the defendant not normal， but normal mental and spiritual normal presumption defendant directly if the defendant that his spirit is not normal， it shall provide necessary evidence by himself to Thus， the author， on legal irrtumslehre processing， can adopt the presumption of ways to Which country presumption every normal citizens are known， unless the law can put forward defense "advantage prove" above， or the evidence rebut these presumption is From the efficiency of lawsuit， said the country is impossible to prove the defendant is known of the
