The Study Of The Theory Of Culpable Illegality

The theory of culpable illegality, is a means of crime and the sentence level by the quality and quantity of the illegal. This theory originated in Germany and was popular in Japan. It consists of two levels. First, though it may breaches social norms, it doesn't breach the criminal law; and second, it isn't illegal if it is minor although it has Elements of Crime. The bases of such a theory are the modesty of criminal law, the theory of relativity and substantive law is illegal. It plays an important role in the Penal Code of Japan as its impunity and reasonableness. Although some hold different opinions, the majority of scholars still believe that the basic theory is proper, and it is also supported by the judicial opinions.At present, the Japanese scholars adopted a comprehensive basis of the judgment on the unlawfulness of impunity, which will inspect the theories of invasion of legal interests with the pattern of behavior. In summary, the main considerations include the minor damages and breaches. The theory of culpable illegality shows its positive effects on theories, practices, and suits. There are four standpoints on the positioning of the culpable illegality theory: Component Elements negates that negates that illegal, ultra-law regulations and compromise that negates the subject said.On the basis of the theory of culpable illegality, the author in this paper re-integrates the basic features of the concept of criminality, accepts the legitimacy of the proviso provisions, interprets the proviso provisions in a new way, and makes them major foundations for some cases. On these judgments, and using Japanese practices for references, the author tries to make those provisions perfect. Insofar, there is a positive reference value for us to revisit the essential character of crime, and we have a correct evaluation and application of the criminal law proviso provisions.