实质的犯罪概念比较研究

A Comparative Study on the Essential Concept of Crime

在刑法学、犯罪学等刑事法学理论体系中,研究犯罪概念具有十分重要的意义。对犯罪概念可以划分为两种类型:一种是实质的犯罪概念,另一种是规范的犯罪概念。在此基础上,文章对英美法系、大陆法系实质的犯罪概念进行了比较研究,指出从历史发展的角度来看,实质意义上的犯罪概念先于规范的犯罪概念,实质的犯罪概念的界定与统治阶级的犯罪观是密切联系在一起的,即有什么样的犯罪观便有与其相应的实质的犯罪概念。

Around all the penal law theory system of Criminal Law and Criminology, the concept of crime is the basic status. So to study on the concept of crime is significant. There are two types of concept of crime： One is substantive concept of crime, the other one is normative concept of crime. On the basis of it, a relative study on the concept of crime between Anglo - AmericanLaw and Continental Law was done. And it was figured out on the point view of history that the concept of crime in substantive is earlier than in normative. The boundary of substantive concept of crime is related with the view of crime of the class of dominion; that is to say, different view of crime leads to different Substantive concept of crime.