我国犯罪论体系重构之检讨

Review on the Crime Theory System of China

犯罪论是研究某一行为成立犯罪之标准和规格的体系,我国目前的犯罪论体系是承袭苏联刑法学基础的四要件论,不过近年来其主流地位却不断受到质疑,其最大诟病是缺乏阶层性,欠缺出罪机制,不能有效保障人权。然而上述缺陷却并非四要件论的固有顽疾,可以通过贯彻客观方面优先,体系要件的调整和新要素的添加予以改进,无须对其彻底摒弃。

The crime theory system is the standard which judges crimes.The present crime theory system of our country is inherited to the crime theory of USSR.However,the mainstream status of it has already been unstable in recent years.The main defect of it is scarce of the mechanism for exoneration and has no function to respect and guarantee human rights.However,the defects above could be modified through giving priority to objective aspects,adjusting internal factors,adding to new elements and etc,and it is unnecessary to abandon it completely.