ABSTRACT
How to position the decriminalization theory to coordinate it with the current criminal legislation is a fundamental issue in legal dogmatics. Although there are “provisos”, justifiable defense and emergency avoidance provisions in the criminal legislation of China to provide a legislative basis, the decriminalization theory in legal dogmatics is obviously broader and with richer connotations, such as substantial illegality theory and expectation possibility theory. Are the decriminalization causes stemming from these theories tolerable in the current criminal legislation in China? In other words, has criminal legislation limited the space for decriminalization from legal dogmatics?
