序:法律责任与违法构成理论的题目已经表明,这是两种不同的理沦。但对这个似乎简单的问题,我国法学理论界存在一种倾向,即违法是法律责任的前提,没有违法就没有法律责任。笔者认为,有必要把握二者之间的区别与联系,并认为这不仅是个理论问题,也是个实践问题。 Preface: The subject of legal liability and unlawfulness constituting theory has shown that this is two different theories. But for this seemingly simple question, there is a tendency in the jurisprudence of law in our country that illegality is the precondition of legal liability, and there is no legal liability without illegality. The author believes that it is necessary to grasp the difference and connection between the two and think it is not only a theoretical problem but also a practical one.