非法占有目的:犯罪成立体系的比较

On the Intention of Illegal Possession and the System of Crime Theory

在大陆法系犯罪构成理论发展过程中,目的犯的目的首先作为责任要素,最终发展成为存在于犯罪构成该当、违法、有责之中都存在的要素。在我国的犯罪构成体系中,非法占有目的作为选择要件与犯罪主观方面、犯罪客观方面、犯罪客体都存在有机的联系,非法占有目的在刑法中具有存在的必要性。

The intention of illegal possession is a necessary element in Chinese criminal law. In continental law system, criminal constitution theory consists of conformity, transgression of the law and liability. The three factors consists of step - by - step logical structure, called as step - by - step criminal constitution system. In the development of criminal constitution theory in continental law system, the specific intention primarily acted as liability factor, and finally evolved into factors which exist in conformity, transgression of the law and liability. For criminal constitution theory in China, intention of illegal possession, as unnecessary factor, has organic relations with criminal subjective elements and criminal objective aspects.