“否定性、危害性、责任性”新犯罪成立论

New Theory of Crime Affirmation of Negativity Harmfulness Responsibility

否定性、危害性、责任性,构成了新犯罪成立论的基本范畴。该犯罪成立论实现了分别、分步对案件事实中行为和行为人进行刑法价值立场上的评价。面对案件事实,否定性、危害性、责任性三阶层体系逐步审查:具体行为是否具有刑法否定性?该行为的危害是否属于刑法意义的严重危害?行为人是否负刑事责任?只有三者均是肯定回答时,才成立犯罪。否则,不成立犯罪。新犯罪成立论充分实现了阶层化,实现了对传统四要件理论的扬弃,符合认识的逻辑,符合效率的要求,充分体现了对人权的保障。

Negativity, harmfulness and responsibility, they constitute the basic category of new theory of crime affirmation. These categories are based on the three kinds of meaning of the crime of criminal law, namely the negative significance of crime, the harmful significance of crime and the responsibility sense of crime. The crime theory realized to evaluate the behavior and the actor in case facts respectively and step by step, which based on the value stand of criminal law. The negative, harmfulness and responsibility three class system gradually solve three problems. Firstly, which type of behavior that is negative in criminal law does the specific behavior belong to. Secondly, does the harm of the behavior belong to serious harm of the criminal law. Thirdly, whether the actor bear criminal responsibility. Just the specific behavior belong to negative and harmful, and the actor bear criminal responsibility, we affiemed that the actor crime. Otherwise, the actor do not crime. The new theory of crime affirmation is the theory that is fully realize the class, sublated the traditional four elements theory, conforms to the understanding of logic, meets the requirement of efficiency and fully reflects the protection of human rights.