论刑法中的“主观的超过要素”

Discussion on the "over Subjective Factor" in Criminal Law

"主观的超过要素"是与内心的超过要素、主观违法要素既相联系又有区别的一个概念,其涉及对违法性本质的理解与把握。但是,只有承认修正的客观违法论时"主观的超过要素"理论才有存在的价值。

There are some differences among the concepts of over subjective factor, the subjective element of violation and what＇s the essence of the illegality determine how to understand the theory of over subjective factor. So we can cognitive the value of the theory of over subjective factor only by acknowledging the doctrine of subjective＇ violation in the field of illegality.