外国刑法中犯罪成立要件的实质化

On the Path of Making the Component Parts of Crime Substantive in the Foreign Criminal Law

罪刑法定主义应当是形式与实质的统一,以此为基础的犯罪概念和犯罪成立要件也必然具有形式与实质的内容。不同法系的国家实现犯罪成立要件实质化的途径各有千秋。

The principle of legally prescribing the penalty should integrate the content of substance and the external form, the concept and the component parts of crime based on the principle should also include the content of substance and form. As for making the component parts of crime substantive, there are different roads in countries of the different legal systems.