犯罪本质特征检讨和重构

On examination and reconstitution of nature feature of crime

按照通说社会危害性是犯罪的本质特征,其地位和作用在刑法中是举足轻重的,但现在却已经受到诟病。在批判把社会危害性和刑事违法性作为犯罪的本质特征的基础上提出,犯罪的本质特征应是应受刑罚惩罚性。

Generally speaking, endangering the society, whose status and role in criminal law is of great importance, is the nature feature of crime and has become an object of public denunciation. Based on criticizing regarding endangering the society and criminal illegality as the nature feature of crime, this paper holds that penal servitude is the nature feature of a crime.