On The Cause Of Breaking The Law

Among all the legal sanctions, criminal punishment is the most severe one. The criminal 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 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. The appearance of super 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 super-law ground for elimination of misfeasance. Among them eight acts should be regarded as super-law ground for elimination of misfeasance in China. Super-law ground for elimination of misfeasance and law ground for elimination of misfeasance are derivedFrom the doctrine of social equality. According to the Japanese scholar these eight acts can be divided in to two parts normal super-law ground for elimination of misfeasance and urgent super-law ground for elimination of misfeasance. The former are proper in purpose, equal in measures and in legal interest, the later are complementary inaction too.