关键词: 二次性违法, 前置性法, 刑法, 制裁性规则群, 刑事司法, 刑事立法

Abstract: The theory of crime’ s second offense against the law is taking shape，but it is still necessary to elaborate on how and to what degree the theory’s prepositive laws tally with the criminal law. This theory is actually the result of the extension and decomposition of the the criminal law’ s“second”normative attribute；properly handling the relationship between the criminal law and departmental laws is the key to deepening the tolerant spirit. The value of criminal penalty lies in the protective nature of the criminal law and the adoption of criminal penalty should consider the application of prepositive laws. The theory is recounted in the progressive model of“prepositive laws——criminal law”，always treating the criminal law as the last option after full consideration of prepositive laws. This theory is obviously based on “evidence” rather than “experience”， and thus scientific methodologically. The most important theoretical significance is its emphasis on examining and analyzing the“legal environment”and is important in guiding criminal legislation and justice.

Key words: second offense against the law, prepositive laws, criminal law, punishing regulation group, criminal justice；criminal legislation