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传统刑法理论坚守绝对的知法推定,违法性认识系对行为违反整体法秩序的形式违法性的认识。伴随历史的发展,绝对的知法推定逐渐动摇。我国刑法理论应顺应世界潮流,基于罪刑法定原则、主客观相统一原则、培养“尚法”精神的要求,应当在犯罪故意中考察违法性认识,并加强违法性认识司法认定的研究。
The traditional theory of criminal law sticks to the absolute presumption of knowledge, the cognition of illegality is the recognition of the illegality of the form in violation of the law as a whole. With the development of history, the absolute presumption of knowing is gradually shaken. The theory of criminal law in our country should conform to the trend of the world. Based on the legal principle of crime and punishment, the principle of unification of subjectivity and objectivity, and the requirement of cultivating the spirit of “law ”, we should inspect the understanding of illegality in criminal intention and strengthen the research on illegitimate recognition of justice.