犯罪的本质新论——“刑法法益侵害说”

The Essence of Crime Committing-the Theory of Infraction of Criminal Law

犯罪及其本质问题,一直就是刑法学研究的一个最基本的理论问题。任何一门学科,其研究出发点都应该是建立在一个科学而明晰的概念范畴基础上。出于这一理论,我们首先界定了本论的犯罪概念,在分析其内涵和外延的前提下,演绎出了犯罪的本质是“刑法法益侵害”这一理论,并分析了它的意义。

It has been the very basic theoretical research question for criminal law to study the essence of crimes committing, which is based on a clear and scientific concept. Starting from the point of view, the authors first define the concept of crime in the theory, deducting from its connoted and extended meaning, and then the authors conceptualize the Theory of Infraction of Criminal Law, analyzing its significance at the same time.