| Criminal law,the norm for both behavior and judgment,has the character of double functions-the basic standard to guide people how to behave,as well as the fundamental criteria judges must comply with when reaching decisions. However,in actual life,because a man always behaviors according to his own "pre-experiences" of right and wrong,his understanding of a behavior norm dose not always conform with the judgment norm reflecting the general requirement of legal community,which gives birth to the problem of cognizance of illegality. Since the double functions of criminal legal norm are the same in the sense of evaluating one conduct according to the main culture and value of the community,they should try to be consistent with each other. Therefore, to solve the problem of cognizance of i1legality,we should take the main value of the community as the ultimate norm for judgment,meanwhile trying to exert the guiding effect of criminal legal norms to future life. |
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