The Comparison Of Change And Return Of Criminal Illegality Between China And Russian

Criminal illegal is without doubt in country under the rule of law criminal law an important key word, it is the crime criminal law decides the principle in crime concept manifestation, means the behavior constitution crime the important document only to be able by the criminal activity legal rule. It had pointed out for the populace does not sink into crime's motion direction. But former Soviet Union emphasis crime social class attribute, so that the criminal law nihilism thought spread, criminal illegal has lost the survival soil. Russia "Penal code" had the criminal illegal characteristic to the crime to give the acknowledgment. But it was only the implementation crime criminal law decides the principle and the assurance of human rights function and the value to criminal illegal in the country under the rule of law had the preliminary understanding.Clone in former Soviet Union criminal law our country criminal activity illegal theory, with Russia's criminal illegal theory basic similar, its concept cavity, the content are deficient, sole function. And in our country criminal law theory, the behavior has the social hazardous nature, the behavior to have criminal illegal as well as the behavior conforms to the crime constitution Trinity. Not only this has confused"the fact"and"the value"difference, also has neglected in the criminal law appraisal process from outside to inside, from the form to the substantive hierarchical. This kind of appraisal pattern does not favor through the procedure limit country penalty power launch, does not favor the better assurance of human rights.This article will compare Soviet, Russian and in our country criminal activity illegal theory foundation, pointed out how should the criminal illegal theory return original meaning, as well as should how construct newly a set take criminal illegal as the core system info.