Author(s)

Jingzhong Yan

Corresponding Author

Jingzhong Yan

ABSTRACT

It is an indisputable fact that the word "illegal" is often used in our legal norms. However, the word "illegal" is not appropriate to be included in the legal norms, because such use will affect or even hinder the construction of the rule of law in China. The specific reasons are twofold: First, the content of "illegal" contains the content of the law does not adjust the content of the content of the law does not belong to the regulation of the situation in the law and found to be illegal, which is clearly contrary to the spirit of the rule of law, because the law does not regulate the situation cannot be placed under the law, so as to avoid the impact of the generalization of the law; Second, the law illegal" in the norm refers to the law provides for the negative evaluation of an illegal situation, but the fact that the provisions of the illegal situation does not exist, then "illegal" refers to the content of the "fictional "norms, the forced application of the law will also appear the adverse effects of the generalized view, resulting in some of the wrong cases, seriously undermining the authority of the rule of law.

KEYWORDS

rule of law; legal norms; illegal; legal