我国刑法学界普遍认为,行为要构成犯罪,必须以犯罪构成要件的满足为条件。任何行为,只要符合某种犯罪的四要件,犯罪就成立。而传统大陆法学家坚持三阶层学说,认为行为要构成犯罪,必须符合构成要件符合性、违法性、有责性。四要件理论与三阶层学说是否存在冲突,在理论上是值得探析的。 It is generally accepted by the criminal law scholars in our country that if the act constitutes a crime, it must be conditioned by the satisfaction of the elements of the crime. Any act, as long as the four elements of a crime meet, the crime is established. The traditional mainland jurists adhere to the theory of three strata that behavior should constitute a crime must comply with the constituent elements of compliance, illegality, responsibility. Whether there is a conflict between the four elements theory and the theory of the third strata is theoretically worth exploring.