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刑法中的违法性是指,行为符合刑法规定的情况无法根据整体法律制度而得到具有正确性的评价。犯罪的成立,不仅必须符合行为构成,而且必须具备整体法律制度所否定的错误性。中国刑法理论应当借鉴并采纳违法性的概念,以不存在错误性作为出罪的根据。
Illegality in the criminal law refers to the situation that the act complies with the provisions of the criminal law can not be evaluated with correctness in accordance with the overall legal system. The establishment of a crime must not only be in line with the constitution of conduct, but also be subject to the mistakes denied by the overall legal system. The theory of Chinese criminal law should learn from and adopt the concept of illegality, so as to base its conviction on the absence of error.