摘要： 法秩序的统一是合目的性的统一，只要不损害法之目的的统一性，规范矛盾便可以被容许。一般违法的概念应当被承认，它统合各个法领域中的具体违法概念，适用于规范的行为类型。严格的违法一元论和形式违法论密切相关，排除了实质违法论的适用，不具有合理性。虽然一般违法的概念适用于全部行为类型，但刑法中进行一般违法判断的行为类型与其他部门法并不完全一致，刑法上的违法性判断不依赖于前置法；将法益侵害的量作为刑事违法性的认定要素符合违法的本质，是刑罚合目的性在违法性中的体现。因此，在一般违法的前提下，刑事违法的判断具有相对性。

关键词: 法秩序的统一, 一般违法, 行为类型, 刑罚的合目的性

Abstract: The unity of the order of law is the unity of the purposiveness.Without impairing the unity of the purposes of law, the contradictions between norms are allowable.The concept of general illegality should be admitted, which integrates the concepts of specific illegality in each domain of laws and is applicable to every type of behaviors identified by norms.The strict illegal monism does not have reasonability, since it is closely related to the theory of formal illegality and excludes the application of the theory of substantial illegality.Although the concept of general illegality applies to every type of behaviors, those types on which judgments of general illegality should be made by criminal law are not completely the same as those to be judged by other laws.The judgments on illegality by criminal law do not rely on regulative rules.Taking the quantity of infringement on legal interest as one of the elements to determine the criminal illegality meets the nature of illegality and shows the purposiveness of penalty in illegality.Therefore,subject to general illegality,there is relativity in the judgments on criminal illegality.

Key words: The Unity of the Order of Law, General Illegal, Behavior Type, Purposiveness of Penalty