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所谓法律秩序,是“由法律确立和保护的人与人相互之间有条不紊的状态。即法律所保护的社会秩序、生产秩序、工作秩序、教学秩序和生活秩序。破坏法律秩序的行为就是违法行为”(《法学词典》,上海辞书出版社1980年版)。这个定义在我们国家具有代表性。这个定义存在这样两个问题:其一,“由法律确立和保护的人与人相互之间有条不紊的状态”究竟指实际上由于法律确立和保护而形成的状态,抑或指符合法律规定的实际状态。这两者是有区别的,后者的含义比前者广,因为后者不仅包括法律实际起作用造成的状态,还包括符合法律规定但并非法律作用所造成的状态。其二,该定义没有说明“状
The so-called legal order is “the orderly and orderly relationship between the people established and protected by the law, namely the social order, the production order, the working order, the teaching order and the living order protected by law.” The act of damaging the legal order is illegal (“Law Dictionary”, Shanghai Dictionary Publishing House, 1980 edition). This definition is representative of our country. There are two problems with this definition: First, what is the “state-by-state relationship between people established and protected by law” actually refers to the state actually formed due to the establishment and protection of law, or to the actual state that is in conformity with the law . There is a difference between the two, which has a broader meaning than the former, since the latter includes not only the state resulting from the actual functioning of the law, but also the state created by the law but not by the law. Second, the definition does not state "shape