Research On Ground For Elimination Of Misfeasance

With the development of human rights protection, there is a more deeply discussion on the theory of criminality, especially on the elimination of criminality, which attracts people's attention from the negative prospect. In continental law system,the crime obstructed not only exists in Code,such as self-defense,act of rescue and so on,but also there are a large number of supra-law ground for Elimination of Misfeasance. In order to elect a proper system,the essential thing is to select a host of principles.In this paper, we adopt the methods of System and Problem to get into the the research. We start it with the definition of the crime obstructed to get the conclusion that we should find the principles from the judicature layer. In addition, we make a comparison of all the grounds for exemption to get the grounds for elimination of misfeasance cleared.Then,we can study the basis of the grounds for elimination on the premise of the analysis of the nature of illegality. It is concluded that the principle should be based on a double-structure constituted of the admissible basis and examining basis.The former is to guarantee the right direction through a host of principles such as the affirmation of justice and the advance of justice. The latter is to ensure the extent through a host of principles such as proportionality and normality.It is advisable to take "wide and out into the narrow" model to adapt to emerging realities in the super-regulatory reasons, which will not only satisfy the demand for judicial practice and develop the theory of the constitution of crime.