Research On The Function Of Tatbestand About Prepositional Norm Of Law In Economic Criminal Law

This article puts the pre-legal norms in the constituent elements,and studies its functions based on the doctrinal standpoint of criminal law,in order to systematically aggregate the scattered views in the previous literature,so as to produce a certain degree of wisdom in the local formation of criminal law doctrines.Cognition increment.This article is not discussing a new issue.In recent years,there has been an increasing number of papers studying the convergence of pre-law norms and criminal law from a macro perspective.If you want to study the previous The influence of the statutory norms on the interpretation and application of specific crimes must be carried out from the criminal theory system.According to the general view,the criminal theory system is composed of three levels of constitutive requirements:appropriateness,illegality,and responsibility(also understandable In order to be composed of the lawless class and the culpability class),this article chooses to start with the judgment of the constitutive element’s appropriateness,and study the function of the pre-law norm in the constitutive element’s proper judgment,that is,the constituent element function of the pre-law norm.The function of the antecedent law in the constituent elements can be distinguished between the theoretical level,which provides arguments for justification,and the practical level,which is developed in practice,the former belonging to the category of scientific systems and the latter belonging to the category of practical systems.Through the history of the development of the doctrine of constituent elements,it can be seen that in the process of shifting from value-neutral to normative,the interpretation of its specific elements has gradually moved away from the tone of "criminal law-only" to other legal and socio-cultural aspects,and the functions of constituent elements have also been expanded and changed.However,this article argues that the different functions of the constituent elements should be constructed in stages under one basic principle,so as to achieve their logical self-consistency and systematic construction.Theoretically,there is no question of the legitimacy of supplementing the rules of interpretation of criminal law through the antecedent law norms,and this is not only not contrary to the principle of legal exclusivity,but also implicitly echoes the principle of clarity of criminal law.In practice,a distinction should be made between the function of presumption of illegality and the function of indication of illegality,otherwise it would be difficult to comply with the dichotomy between the class of constituent elements and the class of illegality.As the involvement of criminal law in the life of society becomes more and more advanced,the trend towards the materialisation of the constituent elements is gradually increasing,and the doctrine of the collapse of the constituent elements is beginning to take hold.It is for this reason that the constituent elements should provide the public with a stable expectation and set a clear range for the application of penalties,which is both the connotation of the rule of law and the pursuit of the criminal rule of law.