非违法性因素是指由人的自然属性和社会属性生成的,在执法办案过程中会损害执法公信力的、法律尚未明确予以调整的因素。其在形式上虽不违法,但在实质上却损害着执法公信力。非违法性因素发生作用是由人的生理和心理规律运行使然,尊重人性基础是对非违法性因素进行调整的道德前提。通过对其发生作用机制的分析,掌握其发生作用的规律,探索出具有道德正当性的预警、矫正和救济机制,是预防非违法性因素损害执法公信力的客观要求。 Non-illegitimate factors refer to the factors that are not yet clearly regulated by the law, which are generated by the natural and social attributes of people and can impair the credibility of law enforcement in the process of law enforcement and handling. Although not illegal in form, it in fact undermines the credibility of law enforcement. Non-illegitimate factors play a role by the human physiological and psychological rules of operation, respect for human nature is to adjust non-violating factors of moral prerequisite. By analyzing its mechanism of action, grasping the law of its occurrence and exploring the mechanism of early warning, rectification and relief with moral justification is an objective requirement to prevent non-illegitimate factors from impairing the credibility of law enforcement.