Abstract:On the basis of constructing the theory of objective constituent elements, Bellin believes that illegal evaluation is a “illegality” evaluation that has little to do with the constituent elements. The conclusion of whether an act is illegal can be drawn only by the illegality evaluation without the constituent elements evaluation. Since the discovery of subjective and normative constituent elements, constituent elements can no longer exist as an objective conceptual image. In illegal evaluation, both the constituent elements and illegality should be considered as the basic elements of illegal evaluation. Therefore, in order to maintain the basic judgment that “the constituent elements are the type of illegality”, it is necessary to put the constituent elements and illegality together under the “overall illegality constituent elements”, making them two constituent elements of the “overall illegality constituent elements”. In this way, the constituent elements are the positive constituent elements of illegality, while illegality is the negative constituent elements of illegality. It is under such theoretical background that the theory of “overall illegal constitutive elements” develops. The overall illegal evaluation theory has experienced a development process from the theory of negative constituent elements to the theory of overall illegal constituent elements.