The Choice And Absorption Of Consequence Without Value

In the criminal law theory of continental legal system, on the surface the opponency between consequence without value and conduct without value is the contradictoriness of the grounds of illegality, in fact, it is the contradictoriness of the values. The former stress the protection of individual freedom and the limitation of state power, the latter emphasize the Social ethics and the social order. A systematic criminal law theory must have a definite attitude towards this problem, only in this way can start the debate on specific issues, to reconstructing the constitution of a crime, balancing the guarantee of human rights against social protection and avoiding the tendency to pan-moralism, the avocations of consequence without value will be influential. In this text I try to take the consequence without value in Chinese criminal law theories.Except the introduction and the conclusion, this article mainly includes four parts, each part of main contents outline as follows:The first part is the introduction of consequence without value and conduct without value, consequence without value means that the substance of illegality is the negation, while conduct without value refers to the denial appraisal of behavior itself counter ethics norms, and takes this to the illegal essence. There are oppositions in the criminal law goal and the function, the subjective illegal essential factor, the right matter principle, the illegal appraisal, can not violate, the explanation of criminal law, and so on.The second part is the critique of theories about conduct without value, especially the dualism in China. Based on this, we arrived at the conclusion that the choosing of consequence without value is inevitable and essential. The conduct without value takes the counter-ethicality of conduct itself at the very core of illegal; this is at variance with the concept of the rule of law, and will confuse the circumscription of criminal law and morals, even this is carrying out morals compulsory by criminal law. The dualism in the continental legal system is defective, regardless of whether the internal logic or the theoretical basis, it is essentially a version of monism. in China all of the three main theories about is unable to eliminate the abuses of dualism in the continental legal system.The third part is the introduction about the forward way of Chinese consequence without value; and the analyzing of the hindrance on the way. There are two methods to the positions of consequence without value or conduct without value, one is introducing from continental legal system entirely, but its defect is revealing, we should not introduce it eyeless. The other one is on the premise of that the means of interpretation transformed, and the subject of explanation changed, I advocate adopting this method to introduce the consequence without value into Chinese criminal constitution.In the last part we pick up certain important questions in the main domains of criminal constitution and criminal form to discuss the consequence without value preliminary, in my opinion, we should replace social relation by rechtsgut in the domain of criminal object, and treat both unit and natural person the same, on the definition of executive conduct of international crime, the author insist on the material-objective theory, about impossibility of crime, the author insist on the theory of revised the objective danger.