近年来,社会民众对于“不知法而违法进而被判刑”现象非常关注。实际上,这涉及犯罪故意的成立是否需要具备违法性认识或其认识可能性等相关问题,理论界对此亦有诸多探讨,但众说纷纭。文章在试图厘清和明晰违法性认识与违法性认识可能性的基础上,提出违法性认识可能性应成为犯罪故意不可或缺的构成要素。 In recent years, people in the community have been very concerned about the “illegal and further conviction” law. In fact, this involves whether the intentional establishment of a crime requires the understanding of illegality or the possibility of its cognition, and so on. There are many discussions in this field as well, but opinions vary. On the basis of trying to clarify and clarify the possibility of illegitimate cognition and illegitimacy, the article proposes that the possibility of illegitimate cognition should become an indispensable component of crime.