论我国刑法中社会危害性理论的正当性

Analysis on the Rationality of the Theory of Social Harmfulness in Criminal law of China

通过对相关问题的全面考察可以看到,我国刑法中的社会危害性理论具有毋庸置疑的正当性。它能够合理地解决我国刑法理论中存在的矛盾与冲突,在罪刑法定原则下,仍应坚持这一理论。

Based on the inspection of the problem all relevant, the article thinks that, the theory of social harmfulness is reasonable and legitimate undoubtedly in our country. It can resolve the contradiction and conflict that exists in the theory of criminal law, and still should be insisted on under the principle of legality.