The Theory of Overall Illegal Evaluation:Connotation,Concept and Characteristics
There are two evaluation methods for criminal illegality:one is the dual level evaluation method for illegality,and the other is the overall evaluation method for illegality.The theory of overall illegality evaluation believes that illegality is an indivisible overall state,consisting of elements that establish illegality and elements that exclude illegality.The elements that establish illegality are positive elements of illegality,while the elements that exclude illegality are negative elements of illegality.For the establishment of illegality,both positive and negative elements have equal importance in the evaluation of illegality,and both are indispensable.Acts without positive or negative elements are not illegal acts.Compared with the dual level illegal evaluation method,the overall illegal evaluation theory has essential differences in the evaluation criteria,evaluation methods,evaluation elements,evaluation scope,evaluation procedures,and other aspects of illegal behavior.A comprehensive and systematic illegal evaluation machine.The system not only points out the shortcomings of the dual level illegal evaluation system,but also forms the basic theoretical characteristics of the overall illegal evaluation method.
illegalitythe integral elements of illegalitydouble layer illegal evaluation methodoverall illegal evaluation method
NETL
NSTL
万方数据
