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随着学界对外国刑法学的研究,对犯罪构成的认识逐渐有了新的突破。犯罪构成中责任的认识在近几年更是学界的宠儿,违法性认识也开始进入法学家的视野,对于违法性认识本身的必要性更是学说纷纭。我国一直坚持违法性认识不要说,司法实践也一直没有承认违法性认识的必要性,其存在有其自身的合理性,坚持这一立场并进行必要的完善是我国学者的一个明智的选择。
With the study of foreign criminal jurisprudence in academia, a new breakthrough has gradually been made in understanding the constitution of crime. In recent years, the awareness of responsibility in the constitution of crime is the darling of academics. The realization of illegality has also begun to enter the field of vision of jurists. There is still a wide range of opinions on the necessity of knowing illegality. Our country always insists on the realization of illegality. Do not say that judicial practice has never recognized the necessity of illegitimacy. Its existence has its own rationality. Adhering to this stance and making necessary improvements are a wise choice for our scholars.