Renmin Chinese Law Review
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Renmin Chinese Law Review

Selected Papers of The Jurist (法学家), Volume 3

Edited by Jichun Shi

Renmin Chinese Law Review, Volume 3 is the third work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognized scholars from China, offering a window on current legal research in China. This book reflects the study of Chinese law and the reality of Chinese legality and society. Chapters address the developments of the Committee of Politics and Law of CPC, the new challenges China faces in anti-terrorism, the emerging P2P lending in China and the legislation of virtual property inheritance.
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Chapter 8: Must the judgment of illegality be conducted unitarily? From the perspective of the entity relationship between the criminal law and the civil law

Wang Jun


It is a disputed theoretical question whether the judgment of illegality should be understood unitarily or be respectively understood among different legal fields, related to the combination between ‘considerations on questions’ and ‘considerations on systems.’ The criminal law is thought to be the last safeguard law, but that does not mean it should unitarily comply with some ‘front laws’ such as the civil law and should be monistically conducted on the judgment of illegality. The analysis of the entity relationship between criminal law and civil law reveals that the ‘quantity field of illegality’ specially possessed by the behavior type in criminal law makes ‘punishable illegality’ hard measure independently; the ambiguity of the judgment of illegality in civil law makes it hard to be referred to by criminal law; and the concept of ‘general illegality’ which maintains the identity of the judgment of illegality of criminal law and civil law has defects. The real meaning of the identity of legal order is the uniformity of value judgment and justice. Both the differences of the legislative purposes among different legal fields and the versatility of the behaviors of the judged objects decide that the illegality of criminal law can be judged relatively.

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