ABSTRACT
Illegality is the second layer of the three-tier theory whose function is to test whether an act conforms to legal provisions and its normative purpose. The decriminalization of illegality, to put it concretely, indicates that an act, which satisfies the constituent elements in form but does not violate legal provisions or infringe upon legal interests in substance, is not treated as a crime, which is mainly manifested by the theory of elimination of misfeasance. If the constituent elements are primarily superficial factual summary and formal understanding of normative contents, the decriminalization of illegality falls into the category of axiology and would inevitably touch upon the deeper normative purpose.
