Definition Of Executive Act

Executive act is one of the most important concepts in criminal lawtheory, and its correct definition is of great significance.In recent years,along with the constantly introducing of Japan and Germany theory ofcriminal law and criminal law system，the impact of continental lawsystem criminal law theory and Criminal legislation on criminal lawtheory and judicial practice of our country is becoming more and moreimportant，executive act in the judicial activity plays the role of thecriterions for the conviction is becoming more and more important.However, compared with the importance of executive act，concerning theexecutive act research is still very insufficient，remains to be furtherstrengthened. It is in this background, this article is produced.Firstly，this article is on the basis of reference to the continental lawsystem and Anglo-American law system about the definition of executiveact，and combined with Chinese criminal law scholars research on thedefinition of executive act, From form and substance two aspectscorrectly define the concept of executive act. Secondly, this article furtherexplore the essence of executive act and on the basis of further study ofdanger theory related theory, this article further described how todetermine the danger of executive act. Again, this article strictlydistinguish the difference between executive act and other similar acts,soas to avoid confusion.Finally, the article simply expounds the meaning ofcorrectly defineing the executive act to emphasize the importance ofexecutive act.