正当化情状错误应当归属于事实错误的范畴。从罪刑法定原则的明确性要求出发,构成要件的故意规制机能在解决正当化情状错误问题中应有一席之地。较之于行为无价值论,结果无价值将故意、过失作为责任要素对待的立场更有利于正当化情状错误之下恶意共犯等问题的妥当解决。 Legitimate mistakes should belong to the category of factual errors. Starting from the requirement of legality of the principle of legality, the intentional regulatory functions that constitute the elements should have a place in the solution to the problem of the wrongfulness of the legitimate status. Compared with the behavioral no-value theory, the value-free will intentionally and negligently treat the position as an element of responsibility, which is more conducive to the proper resolution of such issues as the malicious accomplice under the mistaken legitimation.