The Relative Independence of Judgment on Illegality in the Light of the Principle of Unity of Legal Order:The Crossover Case between Criminal and Civil Law
With the development of the commodity economy and judicial practice,the number of criminal-civil crossover is increasing.How does the civil law affect criminal law and the judgment of criminal illegality have become key issues?The"unity of the legal order"means that the legislator transmits consistent normative guidance to citi-zens,forming a rule of law from which no general illegality can be deduced.In the judgment of criminal law illegali-ty,the"relative independence"of illegality has more theoretical,legislative,and judicial rationality.Mere legal in-terest standard theory can hardly provide the judgment standard and needs to examine the normative purpose behind the legal interest.In the"relative conflict type"occasion,the criminal and civil norms have the same normative pur-pose,the judgment of criminal illegality is"relatively"independent of the law."Absolute conflict type"occasions,criminal and civil norms have very different purposes and the judgment of criminal illegality is"absolute"independ-ent of the law.In practice,for the act of conforming to the protective provisions of the predecessor law,there is no crime;the act of conforming to the exemplary provisions of the predecessor law,the conclusion can only be used as a reference for the judgment of criminal illegality;the predecessor law does not have any specific provisions of the act,the criminal illegality should be judged independently.
criminal-civil crossoverunity of legal orderrelativism of illegalitynormative purposeillegality
万方数据
