Elimination of Illegality Conflict from the Perspective of Legal Order Unity
Eliminating conflict of illegality resulting from the clash of behavioral norms is a funda-mental requirement for maintaining the unity of legal order.Tolerating such conflict of illegality not only lacks positive practical significance but also involves theoretical misunderstandings.In addressing the conflict of illegality between criminal law norms and pre-established laws,pre-established laws do not inherently take precedence over criminal laws.Instead,a balanced approach based on interest evalua-tion should be adopted to explore specific ways to resolve conflict between pre-established law and crim-inal law.Depending on the results of the interest evaluation,solutions to the conflict between criminal law and pre-established law may include prioritizing pre-established law over criminal law,prioritizing criminal law over pre-established law,or delineating the scope of application for each.
conflict of illegalityunity of legal orderpre-established law priorityinterest evalu-ation
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维普
