行为无价值论批判

引进德日的将结果无价值论和行为无价值论折中的“二元论”来改造我国的社会危害性概念,已经成为一种趋势。但是,德日的“二元论”,无论从其自身的内在逻辑、适用标准还是从理论根据来看,都存在严重缺陷,难以为我国的社会危害性理论的重构提供一条新的路径。

It is a trend that the dualism, which is from Germany and Japan and which is a compromise between consequence without value and conduct without value, is introduced into our country to reconstruct the concept of social harmfulness. Considering the inherent logic, the application standard and the theory foundation, serious limitations exist in the dualism, which is difficult to afford a new way of rebuilding social harmfulness theory.