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引言体系性思维的功能不可忽视,但也存在着很大的缺陷,作为刑法上体系性思维的最典型的体现的犯罪论体系,也概莫能外。就此问题,学界提出用问题性思维替代体系性思维的建议,国内外立法与司法实务也有此倾向。是否赞同此种建议或者顺从此种倾向,成为确立刑法发展方向的第一要务。厘清问题性思维
Introduction The function of systematic thinking can not be ignored, but there are also great flaws. As the most typical embodiment of the criminal system in the systematic thinking of criminal law, it can not be ignored. On this issue, the academic circles put forward the suggestion of replacing the systematic thinking with the question-based thinking, and this tendency also applies to the legislative and judicial practice at home and abroad. Whether it agrees with this kind of suggestion or obeys such a tendency is the first priority for establishing the direction of the development of criminal law. Clarify problem thinking