The Illegal In Criminal Law Of China

In the criminal law, illegal is a high-frequency vocabulary, with rich connotations. China’s criminal law legislation is not clearly defined the illegal. The theory also rarely from the perspective of the criminal code of illegal research. Therefore, make a comprehensive and accurate understanding and research of illegal have important theoretical and practical significance. This paper begins with the meaning of the illegal, the characteristics of illegal, the type of illegal, differentiate the illegal and the similar concept in criminal law. And then focus on the specific legal provisions, respectively, summarize the explicit representation and implicit representation of two illegal manifestations. Since the illegal different types, different form of presentation, means illegal in different contexts environment has different functions, include prompting function, language function, virtual function. In practical situations, illegal requirements judicial practitioner consider the inherent requirements carefully, but in some cases only enhance the sense of language function. In the last part, put forward the views on illegal judgment, because the illegal and unlaw are similar, so for the illegal judgment can learn from the judgment standard of illegality cognition.