犯罪论体系的四要件与三阶层理论之争

On the Four Elements of the Theory of Crime and the Argument of the Theory of the Three Stratum

作为我国传统犯罪论体系核心部件的"四要件犯罪构成理论",60多年前由苏联引入至今没有进行重大修改。随着我国刑法专家学者对犯罪理论研究的深入,传统的犯罪构成理论之不足就凸显出来。曾占主流的四要件犯罪构成体系已经无法发挥昔日稳定刑事司法局面的指导和检验功能。相比之下,三阶层理论的影响范围却越来越广,它在克服四要件说缺陷的同时还有着自己独特的优点。对我国的四要件犯罪构成理论既不能彻底颠覆,也不能全盘移植大陆法系模式。应进行深入的理论探讨和加以完善,最终还是要通过司法实践不断地对四要件理论进行改造适应完善,以便能为司法实践提供有力的支撑。

As the core component of China＇s traditional criminal theory the ＂four elements crime constitution theory＂ was introduced by the Soviet Union more than 60 years ago. With the theory of criminal law in our country is gradually thorough, the traditional theory of constitution of crime problems gradually exposed. The four elements of crime have accounted for the mainstream system has been unable to play the former stable situation of criminal judicial guidance, inspection function. In contrast, the influence of the three class theory is more and more wide, it overcomes the shortcomings of the four elements, but also has its own unique advantages. China＇s four elements of crime constitution theory can not be completely overturned, nor can we completely transplant the civil law model. Should carry on the thorough theory discussion and the consummation, finally must through the judicial practice, unceasingly carry on the transformation to the four essential theory, so as to provide the powerful support for the judicial practice.