当前关于犯罪构成理论体系争论的焦点,主要集中在是否坚持我国传统的现正普遍应用的“四要件”犯罪构成理论,是否搬用德日的“三阶层”犯罪构成理论。围绕着这一争论的焦点,各种论文上千篇,专著也出了好几部,但似乎还是没有结论。2009年司法考试“教科书事件”一度引人注目,但 At present, the focus of debate on the theoretical system of constitution of crime mainly focuses on whether or not to adhere to the constitutional theory of “four elements” now being commonly applied in our country and whether or not to use the “third-class” crimes constituted by Germany and Japan. Around the focus of this debate, there are thousands of articles in various essays and several monographs, but it seems that there is still no conclusion. The 2009 Judicial Examination Textbook Incident was once noticeable but