The Basis Of Illegality: Norm Violation And Infringement Of Legal Interest

Substantive illegality contains infringement of right, breach of duty, social harmfulness, infringement of legal interest, substantive illegality and so on. There is a debate about illegality essential question always includes infringement of legal interest and substantive illegality in the criminal law. In this paper, illegality lies on violation of the social ethical norm and infringe interest and criminal system should be based on it. The"law"of illegality should include social order and search from it, the base of illegality beyond the law. This is the substance of substantive illegality.This paper illustrates intellectual background, basic contents, theory function of continental law system about norm violation and infringement of legal interest. Besides, it defines the meaning of"law"of illegality, legal interest and norm and analysis the connotation of norm illegality is violate the social norm. The criminal type in the criminal law is based on the violation of norm. It exists and development of norm illegality is necessary and reasonable, but it has the shortage of the conflict with human rights protection and criminal punishment scope is not clear.The paper agree with the view of legal interest is life interest; it protected by law and maybe aggrieved and threatened, summaries the development of infringement of legal interest and internal debate question. In this paper compare and analysis the norm violation and Infringement of legal interest. Norm violation in judge of violation is considering subjective factors in the first. The purpose of criminal law is preserve social ethical norm, and emphasize criminal and ethics cannot separate, behavior is no value, but on the view of infringement of legal interest the opposite is true. But the latter view also has its shortage, it make the concept of legal interest spiritual and cannot distinguish between illegal and slightly criminal behavior, and cannot explain the reason of not penalty between attempted crime ,prepared crime and justification.The paper considers should combine norm illegality with infringement of legal interest, complement each other. According the violation of social ethic norm and infringe legal interest as violation of law. On the basis of it put forward the steps of judge violation of law, just is judge the infringement of legal interest after regulate the violation judge. In the last, the paper expounds the punishment rules about consequential offence,administrative crime,behavioral offence,attempted crime and prepared crime.