Criteria for Judging Criminal Illegality under the Principle of Unity of Legal Order—The Advocacy of"Normative Protection Purpose"
The solution to the problem of jurisdictional conflict is to adopt a moderate monism of illegality.In terms of the criteria for judging criminal illegality,the"punishable illegality theory"is not in line with China's"qualitative plus quantitative"legislative model,and the judgment standard is also unclear.Compared with the"legal benefit theory",the"normative protection purpose theory"is more appropriate as a specific judgment standard.For the acts considered legal by the preceding law,the general illegality is excluded,and of course,there is no criminal illegality.For the acts that are considered illegal by the preceding law,on the basis of affirming their general illegality,according to the"normative protection purpose",criminal illegality is subordinate to the preceding law when the criminal law is consistent with the normative protection purpose of the preceding law;when the criminal law is inconsistent with the normative protection purpose of the preceding law,criminal illegality is independent of the preceding law.
unity of legal order principlemoderate monism of the illegalitynormative protection purposecriminal illegality
NETL
NSTL
万方数据
