On The Basis Of Illegality Hindering Causes

The theatrical background of criminal illegality is a dualism which consulting the facts of both legal interest-invasion and norms violation. The function of the theory of causes obstructing the break of criminal law laid on the judgment of the criminal illegality in the view of law violation hindering. So, we should search for the theoretical background of causes obstructing the break of criminal law on the basis of dualism, comprehensively consulting such facts as Infringement of legal interest and norms violation which may impact the evaluation of the criminal illegality.Thinking in the view of monism, based on the theories of Infringement of legal interest or norms violation, traditional criminal law theory explores the theoretical basis of the causes obstructing the break of criminal law from the respects of legal interest balance or justifiable purpose, there concluded as the theories of legal interest balance and justifiable purpose. But these theories both has partialities (legal interest balancing theory limited to the situation of the existence of interest conflicts, justifiable purpose theory nearly neglect the infects of legal interest facts to the criminal illegality), can not theoretically support the basis of causes obstructing the break of criminal law, no wonder, some researchers claim that there is no unified principles exist for the theory of causes obstructing the break of criminal law.In author’s opinion, there is a general unified principle for the theory of criminal hindering causes, that is the theory of social worthiness, which has attracted much attention of criminal researchers since the theory founded, but its development is not ideal, it is widely disputed about its position in the whole system of crime doctrine, giving the theory a reasonable position is a premise to play its function better. Through studying, I reached the conclusion, that is, the regular and standardizing principles of the criminal illegality hindering theory.The theory of impediment of illegality covers a wide field and respects, so the theory of social worthiness must has consider many comprehensive facts in order to explain and define this theory, the character of compressively considering the necessary and balance to protect the legal interest, justifiable purpose, proper methods, enables the theory of social worthiness to analyze various facts in an comprehensive way, and then formulate and define the criminal hindering causes, providing theoretical support to the theory.