Research On Judgment Of Legal Offenses' Criminal Illegality

The cases of legal crimes appeared frequently in recent years,like Zhao Chunhua and Wang Lijun,there is much controversy.The fundamental problem is that when a judicial referee identify the criminal irregularity of legal crimes,relies excessively on the recognized standard as well as processing results of pre-administrative law and the economic law.Due to the judicial referee don't take deep consideration into the conviction and sentence,the pre-administrative law and economic law are regarded as the basis of the crimes,and ignore the normative purpose of the criminal law--protection of legal interests,so that the judgment results are obviously different from the general cognition of the public,undermining the credibility of the judiciary.The key to solve the problem of identifying the illegality of legal offenders lies in correctly understanding the characteristics of the double illegality of legal offenders--administrative illegality and criminal illegality,and correctly distinguishing the relationship between administrative illegality and criminal illegality.When the act has administrative illegality,should the judgment of criminal illegality be judged independently by the criminal law? There is a big dispute about this issue in the criminal law field,such as “qualitative difference theory”,“quantitative difference theory” and “quality difference theory”.This paper holds that the identification of the relationship between the two needs to be clear that the purpose of administrative regulations is to protect the social management order,while the purpose of criminal law is to protect the legal interests,so as to agree with the “qualitative difference theory”.Therefore,the administrative illegality of legal offenders is only the premise of their criminal illegality.The determination of the illegality of a statutory offender must conform to the principle of legality of crime and punishment.After satisfying the formal judgment,we should stick to the principle of the independence of criminal law evaluation to make the substantive judgment.The essential judgment of the illegality of legal crime is that the formal violation of administrative rules and regulations has criminal illegality only when it infringes upon the legal interests of the criminal law and is worthy of punishment.Through substantive judgment,the interests of the protection law of the criminal law can be clearly defined,so as to avoid thegeneral administrative illegal ACTS identified as criminal ACTS.