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随着日益频繁的中外学术交流,国外特别是以德、日为首的大陆犯罪论体系及相关理论不断被引进到我国,引起了部分学者对我国传统犯罪构成理论之利弊的反思。于是,对于四要件犯罪构成理论体系是维系还是重构,在我国刑法学界引发争议。特别是近几年,对犯罪构成理论之争似乎超越了学术研究的范畴,引起了较大的社会反响。其主要原因在于:有些学者认为应当对四要件犯罪构成理论体系加以全面清理,主张按照德、日刑法学三阶层犯罪论体系推倒重来。
With the increasingly frequent academic exchanges between China and other countries, foreign criminal systems and related theories, especially those led by Germany and Japan, have been introduced into our country continuously, causing some scholars to reflect on the pros and cons of our country’s traditional crime constitution theory. So, for the four elements constitutes a theoretical system of crime is to maintain or rebuild the criminal law in China controversy. Especially in recent years, the controversy over the composition theory of crime seems to go beyond the scope of academic research and arouse great social repercussions. The main reason is that some scholars think that the theoretical system of the constitution of the four elements should be completely cleaned up, and the claim should be reinstated in accordance with the system of the third-class criminal theory of criminal law in Germany and Japan.