The doctrine of illegality serves as a touchstone of criminal law theory, and research into the criteria for determining illegality is of great significance for promoting debate between different schools of thought an...The doctrine of illegality serves as a touchstone of criminal law theory, and research into the criteria for determining illegality is of great significance for promoting debate between different schools of thought and for the overall development of Chinese criminal jurisprudence. The theories of anti-value consequences （Erfolgsunwert） and anti-value acts （Handlungsunwert） take different approaches to thinking about the issue of illegality, leading to differences in the scope of establishing what constitutes a crime, the process of determining whether a crime has been committed, the relationship between crime and punishment and the correlation between criminal law and society. The （dualistic） theory of anti-value acts takes into full consideration the social reality and normative anticipations of a given period and gives due weight to the function of criminal law in guiding behavior; it is therefore a rational theory. According to this view of illegality, the act is the core issue determining illegality; infringement of legal interests is simply an element determining the ＂nature of the act.＂ Criminal law does not exist only to provide restitution for injury, but also aims to cultivate citizens＇ consciousness of norms to prevent possible future injury. Contemporary criminal jurisprudence in China should be constructed on the basis of the （dualistic） theory of anti-value acts with a view to responding to the needs of society and promoting normative identification on the part of the general public.展开更多
文摘The doctrine of illegality serves as a touchstone of criminal law theory, and research into the criteria for determining illegality is of great significance for promoting debate between different schools of thought and for the overall development of Chinese criminal jurisprudence. The theories of anti-value consequences （Erfolgsunwert） and anti-value acts （Handlungsunwert） take different approaches to thinking about the issue of illegality, leading to differences in the scope of establishing what constitutes a crime, the process of determining whether a crime has been committed, the relationship between crime and punishment and the correlation between criminal law and society. The （dualistic） theory of anti-value acts takes into full consideration the social reality and normative anticipations of a given period and gives due weight to the function of criminal law in guiding behavior; it is therefore a rational theory. According to this view of illegality, the act is the core issue determining illegality; infringement of legal interests is simply an element determining the ＂nature of the act.＂ Criminal law does not exist only to provide restitution for injury, but also aims to cultivate citizens＇ consciousness of norms to prevent possible future injury. Contemporary criminal jurisprudence in China should be constructed on the basis of the （dualistic） theory of anti-value acts with a view to responding to the needs of society and promoting normative identification on the part of the general public.
