风险增高理论虽然在客观归责论中饱受争议,但未抵触罪疑唯轻原则。罪疑唯轻原则适用的前提是事实不清,而风险增高理论只是构成要件规范判断的内容。风险增高既不属于风险创设阶层,也不属于事实归因范畴,而应定位于风险实现。在刑法教义学上,风险增高理论确实混淆了实害犯与危险犯,但这已属于制裁规范的判断领域;在行为规范层面,风险增高理论具有刑事政策学的价值,符合行为规范的功能定位,应予肯定。在方法论层面上,应确立起行为规范与制裁规范相区分的观念,并以此为线索,对犯罪论体系展开分析。 Although the theory of risk increase is highly controversial in objective liability theory, it does not contradict the principle of suspicion of lightness. The premise of applying the principle of the only suspect to light is that the facts are not clear, and the theory of increasing risk is only the content of the normative judgments of the elements. Rising risk does not belong to the risk creation class, nor belongs to the category of fact, but should be located in the risk. In the doctrine of criminal law, the theory of risk increase really confuses the real offender and the dangerous criminal, but this belongs to the judgment field of the sanction norms. On the behavioral normative level, the theory of risk increase has the value of criminal policy and the functional positioning in line with the code of conduct , Should be affirmed. At the methodological level, we should establish the notion of distinction between norms of conduct and sanctions, and use this as a clue to analyze the system of crime.