The Judgment Of Substantive Law Violation

Illegal theory is the significant theory in the criminal law theory. Illegalityjudgment issue is of great significance for the formation of the Criminal Law, andpromotes the development of the Criminal Law. How to determine the illegality, theno-value results theory and the no-value behavior theory have different basis,logicalities and ways of thinking. The no-value results theory’s basic view is that theillegality of the substance is a violation of the legal benefits or cause its dangerous.But if it is difficult to objectively examine their legal interests caused by abuse ordangerous. Then this act cannot become the object of the criminal penalties. And wewill know that the purposes and tasks of the criminal law is to be the protection oflegal interests; subjective factors, including intention and negligent which areelements of the responsibility; the object of the illegal judgment should be afterwardsidentified objective facts, while the illegal judgment time should be after the judgment.No-value behavior theory should adhere to the act of great importance, with theoutcome of its consideration, focusing on the investigation of the subjective elementsof the perpetrator. The core of the No-value behavior theory is the violation of socialnorms, while both the inspection results. As a person of an offense on the no-valuebehavior theory recognizes the existence of intentional and negligent subjective illegal elements.The writer has collected books and papers about the article, and used the analysis,comparative methods and other research methods. Begin with introducing theno-value results theory and the no-value behavior theory, combining with China’scriminal law especially in recent years, criminal legislation and criminal policy trends.This article is divided into a total of eight chapters, a total of21000words.The first part is mainly theoretical overview which is divided into three parts.Firstly, there is a more detailed introduction of the no-value results theory andno-value behavior theory, including the two theories’ development process in civil lawcountries, especially Germany and Japan; no-value results theory on theunderstanding of the results worthless, introduces the concept of legal interest;behavior of worthlessness on the understanding of the concepts, such as "act","worthless", and also introduces the norm violation. The major part is the summariesof the theoretical perspectives and differences in the theory’s introduction, historicaldevelopment and the theoretical disputes.The second part, mainly through the method of analysis and comparison from thethree aspects of the criminal law, the purposes and tasks, the subjective elements, aswell as the time base, is to explain the different theoretical perspectives andcontroversies between the no-value results theory and the no-value behavior theory.A more detailed analysis of the two theories in the third part bases on twotheories, especially the binary no-value behavior theory. It attempts to commit theaccidental defense issue. And the paper is to mention the significance of the binaryno-value behavior theory’s promotion by observing the trend of China’s criminallegislation and criminal policy changes with the dangerous driving.