一、问题意识近年来,随着德日理论对我国刑法理论大刀阔斧的渗透浸染,教义学的大厦日臻完善,弥高弥深。但是在这烈火烹油、鲜花着锦的一片繁荣背后却有着这样的隐忧,那就是近年来,刑法的战车似乎陷于泥淖、举足不前。这背后的缘由就在于这架战车只有方向盘,没有发动机;刑法研究多立足于理论面向,缺乏目的理性。对此,难免瑟曼·W,阿诺德会发出这样的疑问:这些艰深的一般性概念是有用的法律工具,还是创造了混乱与细枝末节?苏力教授也指出:这些精细却局限于教义的 I. Problem Awareness In recent years, with the drastic infiltration and infiltration of our country’s criminal law theory by the German-Japanese theory, the building of the doctrine of learning is getting better and better. However, there is such a worry behind the flourishing of flowers and flowers that this fiery cooking and flowers show that in recent years, the chariot of criminal law seems to be stuck in a muddletop. The reason behind this lies in the fact that the chariot has only a steering wheel and no engine. The criminal law research is based on theory and lacks the rationality of purpose. To this, it is undeniable that Thurman W. Arnold would send the question: Are these daunting general concepts useful legal tools or create chaos and minutiae? Professor Su Li also pointed out that these fine but dogmatic