The Research On Supra-law Elimination Of Illegality

This paper starts with the basic theory of super combed regulatory law. Firstly theacademic regulations of the law has been introduced, then the relationship betweenthe concepts appellation and the regulation has been analyzed. It is also followed bythe introduction of several theoretical point of view and the underlying concept of thesubject. The analysis has been tried from the closest and most popular aspect, the onethat meets with China’s actual trend of the Criminal Code of Illegal.After defining the concept on the current super-regulation of several scholarson the subject of the criminal law, the relationship between the major point of viewwere introduced and simple assessment. Based on this analysis, it was proposed thatthe super combed regulatory law should be composed of the four elements of thecrime system transformation and regulatory law negates super incorporateperspectives.Because of the feature of "super-regulatory ", there was an natural suspicion thatthe super combed regulatory law will inevitably undermine the principle of legality.Therefore analysis has been done between the tension on the principle of legality andsuper regulatory law and the results have been achieved that ultra regulations do notviolate the law negates the principle of legality conclusions.The tension between formal rationality and substantive rationality makes itdifficult for them to achieve a balance in the criminal law. Regulatory law negatesUltra is the inevitable result of the illegal nature of substantive evaluation. It is also alogical extension of substantive rationality. While on the other hand, it also played aremedy real titration defects, which promotes the role of formal rationality and solvesthe illegal negates the existence of super-regulatory necessity problem. That’s thereason why the writer believe that it is of great value of its logical cognitiveunderstanding. This paper argues that super regulatory law negates presence can at least playthe role of protecting human rights, promoting substantial justice and to maintainorder and the role of law. Super regulatory law negates the realization can be dividedinto two levels, the first level is how to build a super-regulatory system negates thelaw in theory, the second level is how to use super-regulatory law negates in thejudicial practice. This article takes the practice of Germany and Japan over regulatorylaw negates implementation pattern as examples. Then the idea was proposed, that issuper-regulatory benchmark system of law negates should be built on the bases ofsocial considerable resistance. And as a basis for building of ultra-theoretical systemnegates the subject of regulatory law, Germany and Japan’s methods was introduced.Based on other country’s example of Illegal negates judicial implementation, a simplereflection has been made on China’s super-regulatory law negates way to achievejustice. And after that proposes are made on the perfection of Illegal negates judicialimplementation of recommendations.