Probe Into The Foundation Of Supra-law Ground For Elimination Of Misfeasance

Modern criminal law science, in essence, respects human nature, defends humanity and safeguards human rights. Based on this, Supra-law Ground For Elimination of Misfeasance, which is put forward to break down the constitution of crime, has been the field where many criminal scholars indulgled themselves into. But our studies in this field are still too too abstract and detached from criminal practice, still too fragmented and far awany from systemination, still existing some contradictories and cannot be called sciense. So researching on this field in a targetical and systematic way, and establishing a relatively scientific and rational system about Supra-law Ground For Elimination of Misfeasance, will do a lot good to our criminal justice, especially today when protection of human rights has prevailed already.To Begin with the first part, the article points out that the context of researching on Supra-law Ground For Elimination of Misfeasance should be located in the continental law system, which is represented by Germany and Japan, etc. And then, the article probes into the distinction between Supra-law Ground For Elimination of Misfeasance and other basic consepts that are closely related, as the premise and foundation of systemination of Supra-law Ground For Elimination of Misfeasance.In the second part, the paper focuses on theoretical aspects of Supra-law Ground For Elimination of Misfeasance. Firstly, making an accurate analysis of the relationship between Supra-law Ground For Elimination of Misfeasance and The Principle of a Legally Preseribed Punishment For a Specified Crime:though they are contradictory from superficial view, they are a harmonious unity in essence. Secondly, The theoretical foundation of Supra-law Ground For Elimination of Misfeasance is fairness and justice, the eternal value of criminal law, and the fact that the law is limited, but the lives are ever-changing, and the modesty spirit of criminal law, and the penalties should be effective.The next Chapterâ…¢focuses on clarifying some errors about basic theories in the scope of Supra-law Ground For Elimination of Misfeasance:the theory of Soziale Adaquanz is supposed to play a function of Schuldausschluss. Whereas, customary law is not totally excluded by criminal law science, under certain conditions, it can serve as foundation of Supra-law Ground For Elimination of Misfeasance.The final chapter is the core of the paper, substantive illegality is a sound foundation when Supra-law Ground For Elimination of Misfeasance is orgnized. An overall study, absorb and learn from the continental law system, will certainly do good to our counterpart theories. The nature of Supra-law Ground For Elimination of Misfeasance should be open-up, and its core point consists of protection of human rights, freedom to decide and legal interests adding up. Finally, the article outlines the orgnized model of Supra-law Ground For Elimination of Misfeasance.