Super Regulations Being Exempted From For Research

The concept of super-law ground for elimination of crime refers to some behaviorsthat not stipulated in criminal law always make people think these are illegal. Althoughthe behavior of super-law ground for elimination of crime seems like certain elements ofthe crime of objective, the spirits of the law and the human rights let them go out of thelimitation of the crime. Because of the limits of the law, some behaviors shall not berecovered in law. The super-law ground for elimination of crime can balance thepractice and the theory. Therefore, how to set the system of the super-law ground forelimination of crime in our country seems very important.This paper is divided into three chapters:Chapter1classifies the background and the concept of the super-law ground forelimination of crime. This paper argues that the existence of the rules and regulationsaccording to are not serious social severity, but the prominence of the concept of the rulesand regulations.Chapter2is the centre of this article, mainly discusses the regulations and thesystem of the super-law ground for elimination of crime both in Continental law and ourcountry criminal law theory. The criminal law system in Germany and Japan are based onthree judgments stages that Constitutive requirements, the judgment of the illegalityreview, the judgment of the responsibility. While our system of constitutive elements ofcrime consists four parts that are not in stage but judged in one step. The super-lawground for elimination of crime can not find the position in the system of constitutiveelements of crime of our country.So the aim of my paper is to set up a system that cancover both legal ground and the upper-law ground for elimination of crime.Chapter3mainly discusses the type of the upper-law ground for elimination ofcrime. Because of the culture and spirits difference between the Chinese and Continentallaw, some type of the upper-law ground for elimination of crime can not go well with thepeople in China. I suggest despicably do research some type that are Euthanasia, Self-help behavior and the Promise of damage.