| 英文摘要 |
From the classical criminal system to the new classical criminal system, the elements of value entered, the justification out of regulations arise. Different from component, justification come from the theory, the enter the legislation. Therefore, when judging the illegality, the logic of “convert syllogism” should be taken to definite the essential illegality. In this point,the polyphyletic theory are mixed and disorderly. The theory of social due is too abstract. considering the weakness of the measurement of legal interest, the system of individual interestinterest of systemsocial interest should be constructed, and the essential illegality should be considered after component. Justification is the specific form of essential illegality and follow the rule of the measurement of interest. |
