犯罪构成理论的创造性转换

A creative transformation of the criminal constituency theory

对比大陆法系与英美法系通行的构成要件理论,我国的犯罪构成理论存在一些问题,这突出地表现在它不符合人的思维逻辑。它的四个要件没有主次之分,影响了对共犯的认定。另外,它的客体要件、主体要件以及在正当化事由方面都存在明显缺陷,因此,有必要对我国的犯罪构成理论进行创造性的转化。

Compared with the theory of criminal constituency generally accepted in the continental law system and Britain-American law system, some problems can be found in the Chinese theory of criminal constituency. The problems are mainly represented as absence of this theory in common sense of thinking logic. The four constituents for such a theory are in an egalitarian arrangement that will inevitably restrict identification of the complicity. In addition, there are also some obvious defects in the necessary conditions for object, subject and legitimate reason. A creative transformation of the criminal constituency theory thus seems very necessary.