德国犯罪理论的发展及现状

Evolution and Current Status of Criminology in Germen

德国刑法教义学历史悠久,同时也是德国刑法学的核心内容。在德国,犯罪概念的发展颇具特色,各种概念的基本内容有时候彼此补充,有时候又相互交织在一起。本文有选择地论及某些不同的犯罪概念,阐述了到目前为止的犯罪概念和犯罪体系的发展情况;将"归责"作为思考的起点,并以此为基础展开对犯罪理论的粗线条的梳理,尤其探讨了对于犯罪体系具有重要意义的转折——不法与责任的分离问题。最后,文章对权力理论的犯罪论进行了说明和展望。

The dogmatics of criminal law which has a long history in Germany is the core content of German criminal law. In Germany, the evolution of concepts of the crime is distinctive that the basic contents of various concepts sometimes complement each other while sometimes interlace with each other. Certain several concepts of crime were discussed to expatiate on the evolution status of the c ）nception and system of crime, and regarding the imputation as the beginning of thinking and based upon which the criminology was recapitulated. The separation of illegitimacy from the liability is considered as a significant turn for the crime system, and the criminology from aspect of power theory was explained and predicted.