Exploration Of Difficult And Controversial Issues Of Statutory Offenses

Statutory offence is a perennial legal topic.The reason lies in the increasing number of statutory offenders in legislation,and more and more difficult and controversial cases of statutory offenders in practice.Now there are still many disputes in the theoretical and practical research of statutory offenders in the criminal law circle of our country.The dispute of legal offense first lies in two aspects: definition and appellation.Because the traditional theory that defines whether a crime is a legal offense by the infringement of ethics and morals is too abstract,scholars have put forward more definitions about the legal offense.The definition of legal offense can be divided into substantive definition and formal definition.In addition,it is more operable and clear to define the legal offense formally.Therefore,the definition of statutory offense is the crime that needs to invoke the pre-law.The mutual use of appellation of legal offense and administrative offense has always been a phenomenon in the academic circle.So it is necessary to trace the origin of administrative offense,make clear the reason of legal offense also called administrative offense,put forward the disadvantages of using the appellation of administrative offense,and suggest that it be called legal offense uniformly.Secondly,the legal offense needs to invoke the pre-law,which means that the normative structure of its crime is incomplete,showing as a blank crime.Therefore,we need to find provisions to fill in the blank crime from the preposition law.However,we often encounter difficulties in invoking prepositional law in practice.This paper puts forward the corresponding applicable rules to solve the problem through the type analysis of invoking preposition method.Thirdly,after invoking the preposition law,the controversy about whether the crime can be identified only by relying on the preposition law has become a hot topic.Whether it is a natural offense or a legal offense,the conformance judgment of constitutive elements needs substantive judgment.Violation of prepositional law is only formal judgment,and only formal judgment followed by substantive judgment can the substantive judgment of statutory offense play the function of crime.