两大法系犯罪论体系的比较与借鉴

犯罪构成体系是刑法理论体系的核心,有“刑法理论体系王冠上的宝石”之美誉。当今世界,以德、日为代表的大陆法系的犯罪论体系和英美法系的犯罪论体系颇有影响。本文分析了两大法系犯罪论体系的构造,比较了两大法系犯罪论体系的异同,并就两大法系犯罪论体系对我国犯罪构成体系的借鉴意义作了探讨。

Comparison between the Two Crime Systems in the Two Main Legal Systems and the Reference to That in China

The crime systems is the core of the theoretical system of criminal law,so some people call it as "the crown gem on theoretical system of criminal law".In today's world,the crime systems in the Continent Legal System which are represe-nted by Germany's and Japan's law and in the Anglo-American Legal System both have significant influence.This article ana-l yzes the interior structure of two crime systems in the two main legal systems,compares the differences between them,and di-scusses the use for reference of them to that in China.