摘要： 行刑交叉和民刑交叉的讨论,近来已成法学的热点,并引出“法秩序统一”的理论主张,这是一种基于“一般违法”来描述整体之法律的想法。但由于“违法”只能用来描述对课予义务之规范的违反,且法律之中还广泛存在授予(私人和公共)权力的规范,因此它不足以描述作为真正整体的法律。即使是课予义务的规范,也需结合其所属部门法的性质方能准确理解,而这会导致“一般违法”之概念的彻底不成立。因此,法秩序统一的想法必然是错误的。

关键词: 法秩序统一, 违法, 部门法, 课予义务, 授予权力

Abstract: Recently, the discussions on the intersection between administrative law and criminal law, as well as between civil law and criminal law, have become one of the hot topics, giving rise to the theoretical proposition of the unity of legal order.The proposition represents an idea of describing law as a whole based on the concept of general violation.However, since “violation” can only be used to describe the breach of duty-imposing norms, and there are also a wide range of power-conferring norms in law, whether private or public power, it is insufficient to describe law as a whole.Even the duty-imposing norms must be accurately understood in conjunction with the nature of the areas of law to which they belong, and then the concept of general violation is entirely untenable.Therefore, the idea of the unity of legal order is necessarily erroneous.

Key words: Unified Legal Order, Violation, Areas of Law, Duty-Imposing, Power-Conferring