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犯罪的法律本质应该是“正当的”、“重大的”义务的违反。这一结论,不仅从法理学和其他部门法理论推导而得,从“犯罪是行为人的行为”的常识推导而得,也是犯罪本质的规范违反说或者犯罪实质的国家整体法律秩序破坏说的当然结论。从我国刑法规范的立法表述也能证明这一结论的适当性。主张犯罪的本性是义务违反,但不意味着否定“被害法益”的有用性,对法益的侵害可以作为对行为人义务违反的外在衡量标尺。犯罪本质问题与犯罪的认定、犯罪构成的指标选定是不同的,不能混淆。
The essence of the law of crime should be the violation of “legitimate” and “major” obligations. This conclusion is not only deduced from jurisprudence and other sectoral law theories, but also derived from the common sense that “crime is the behavior of the perpetrator”. It is also a violation of the overall legal order of the state that violates the essence of the crime or the essence of the crime Of course the conclusion The legislative expression from the norms of criminal law in our country can also prove the appropriateness of this conclusion. Advocating the nature of crime is a violation of obligations, but it does not mean that it negates the usefulness of the “law of victimization,” and that the violation of the law and interests can be used as an external measure of the obligation violation of the perpetrator. The nature of the crime and the identification of crime, the composition of the target of crime is different, can not be confused.