对我国现行犯罪构成的一点思考

Some Thoughts on Present Constitution of Crimes in China

犯罪构成是刑法理论的核心,科学的犯罪构成理论是罪刑法定主义得以落实的保障。我国现行的犯罪构成理论存在重大缺陷。按照我国现行刑法的规定,犯罪构成并非判断罪与非罪的唯一标准,这样,犯罪构成就难以发挥其落实罪刑法定、实现人权保障的重大功能。因而,我国的犯罪构成理论必须加以重建。重建我国犯罪构成的指导思想,应是以形式合理性为特征、彻底贯彻罪刑法定主义的市民刑法观。

Constitution of crimes is the core of the theory of the criminal law. The scientific theory of constitution of crimes is the guarantee of the Nullum Crimen Nulla Poena Sine Lege. There was severe deficiency in the present constitution of crimes of China. According to the provision of the Criminal Code of China, constitution of crimes is not the exclusive criterion by which the crimes and the non-crimes were distinguished. Consequently, constitution of crimes can not to fulfill it's peculiar and important function that making the Nullum Crimen Nulla Poena Sine Lege possible and guard the human rights. Therefore, it must be re-constructed. The guideline of the re-construction should be the standpoint of the civil criminal law with the character of the formal reasonability and the throughout implementing of the Nullum Crimen Nulla Poena Sine Lege.