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The Introduction Of The Principles Of Illegality In Criminal Law

Posted on:2009-03-09Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z H DingFull Text:PDF
GTID:1116360272983853Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Through detailed review and analysis of the theories on illegality in criminal jurisprudence of German and Japan, considering related theories of criminal jurisprudence in our country, the principles on illegality in criminal philosophy is studied in a trial way, including the concept, the methodology, the essence, the form, the structure and the application of illegality.Rooted in law, illegality is the act unpermitted in law. In the field of criminal law, illegality is equivalent to crime in concept.To understand and evaluate of illegality needs the considerations in many aspects.As regards the essence of illegality, the theory of infringement of legal interests and that of norm violation in continental law system are equivalent, but in the layer of crime theory, the former is more suitable, because it is controlled easier in criminal jurisprudentia.In static side, illegality is shown by the element system of illegality constitution. In dynamic side, illegality is shown by the integration of formal illegality and substantive illegality.To distinguish between illegality evaluation standard system and illegality evaluation system is necessary. Trial illegality evaluation standard system and illegality evaluation system are built.The above introduction of the principles of illegality is for the evolution of the theory of crime constitution in our country.
Keywords/Search Tags:Illegality, Criminal illegality, Essence of illegality, Form of illegality, Evaluation of illegality
PDF Full Text Request
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