Of Criminal Illegal Theory Reflection And Remodeling

Criminal illegality is a very important concept in our criminal law, which on the one hand is one of the characteristics of crime, on the other hand, associated with the structure of the Elements of Crime. But in fact, the qualitative staying the form certain dimension can easily result in the virtual theory, and further lead to lacking of its function. In view of this, the paper to be the concept of criminal law for the purpose of reconstruction, in the concept of civil law and to sort out the nature and basis of the reference, based on the dialectics of Marxist philosophy in the guidance of theory, improve our criminal illegality theory, strive to build a self-consistent system of law which is a combination of form illegality and substance illegality, a unity of objective illegality and subjective illegality, thus the awkward position of the nature of the criminal illegality will be changed in our traditional criminal law theory, and its functional value will be played really in identifying crime.This full text is divided into six parts:The introduction briefly describes the background and current situation of study, purpose and method of writing.The first chapter, an overview and comment of the theory of criminal illegality. Brief introduction to the theory of our criminal illegality origins, that generation and development of the Soviet concept of the criminal offense of,combing and a comment on the relevant arguments of the criminal offense of criminal law scholars on the inner meaning, pointing out many defects of the traditional orientation function of the criminal illegality, direction to the following reconstruction of the criminal illegality.ChapterⅡ, study of Civil criminal " illegality " theory. Mainly though combing the relevant theory of the nature and the content of criminal illegality in Civil law, providing a theoretical support for our reconstruction of the criminal illegality theory.ChapterⅢ, reconstruction of the theory of criminal illegality. To be understood as an entry point of law that forms the criminal law is not only violate the legal norms, the main thing is the ban violated the norms contained, resulting in criminal law should be in the form of substantive law and law, subjective law Uniform and objective conclusions illegal. At the same time, reconstruction of the criminal law is civil law theory in reference to the dialectics of Marxist philosophy as the guiding ideology, based on the build up of an illegal substance and form of illegality, irregularity and subjective Combining the objective law, the internal logic of a structured, integrated whole.ChapterⅣ, the significance of the reconstruction of the theory of criminal illegality. There are many arguments on the relations between social harm and criminal illegality, the concept of crime and crime constitute in criminal illegality theory. In order to make the relationships clear, and then benefit for recognizing crime in the practice of justice, re-interpretation of the criminal illegality is significant and necessary. The open revelation of Civil law theory of the criminal illegality makes the reconstruction of the theory of criminal illegality with the possibility of meaning.Conclusion.