Ultra Regulations Illegal Ground For Elimination System Construction

Among all the legal sanctions, criminal punishment is the most severe one. The criminals can be deprived of their possessions, liberties even life. The goal of protecting the people and punishing criminals will be achieved if the system of criminal punishment is properly dealt with. Vise versa, failing to deal with it may offend the human rights and waste the resource of law, even worse it may affect the authority of the law. So every country has prescribed firmly what is 'Must' in a crime in order to judge whether a certain action belongs to a crime or not despite of the fact that different countries adopt different doctrines of constitution of a crime.In the continental law system (adopted in Germany and Japan etc), constitution of a crime consists of three components: conformity of important constructive conditions, illegality and accountability . Illegality is the most important and necessary one. Any illegal case must be confirmed as illegal other wise any case must be separated from the illegal case. There are two ways to confirm a crime: Formal illegality means a certain action breaks the law, while substantive illegality means a certain action breaks the law in nature (e.g. brings harm to the society), however this action is not in the list of illegal action according to the law. In such case, different people have different understanding. According to the doctrine of social equality, only the action, which 'surpasses' the society, could be confirmed as illegal.The appearance of supra-law ground for elimination of misfeasance is the natural results of substantive illegality. When an action has been judged as having conformity of important constructive conditions and accountability. This action does not necessarily have the character of illegality. To avoid such an action be confirmed as illegal, all the countries which adopt continental law system have prescribed constitution of supra-law ground for elimination of misfeasance. But few people are still superstitious about the perfection of a certain law now. In other words, the lawmakers cannot avoid leaks when making the law. In addition, new things come faster than the change of the belief upon the society of the people. According todoctrine of a legally prescribed punishment for a specified crime, supra-law ground for elimination of misfeasance is possible to be admitted in the theory of criminal law.Using of supra-law ground for elimination of misfeasance leads to avoid using legal punishment under some certain conditions. It is necessary to make a distinction between ground for elimination of punishment and ground for elimination of crime punishment. This distinction is helpful for understanding the supra-law ground for elimination of misfeasance.It is hard to reach a conclusion upon which factors could be considered as the ground for elimination of crime punishment owing to the fact that different countries have different social tolerance upon the same action. In all, there are twelve acts in the list of supra-law ground for elimination of misfeasance in the world. They are act of receivean an answer, the conduct of a constructive consent, act of self-destructing, act of helping oneself, measure of treatment, conflict of obligation, proper social action, permissive danger, euthanasia, act of labor conflict, disciplinary authority of teacher and supra-law ground for act of rescue. Among them eight acts should be regarded as supra-law ground for elimination of misfeasance in China. Supra-law ground for elimination of misfeasance and law ground for elimination of misfeasance are derived from the doctrine of social equality. According to the Japanese scholar tuantengchongguang's theory, these eight acts can be divided into two parts: normal supra-law ground for elimination of misfeasance and urgent supra-law ground for elimination of misfeasance. The former are proper in purpose, equal in measures and in legal interest, the later are complementary in action too.