文化视野下的中国犯罪论体系争鸣

近年来中国刑法理论界围绕传统四要件理论和德日三阶层体系孰优孰劣的争论,其实质是不同法文化的冲突,是文化冲突在刑法学领域的具体体现。这种文化冲突,既是我国刑法学理论自我反思的结果,也是自清末以来不同理论之间进行选择和论争过程的延续。围绕中国犯罪论体系的理论争鸣具有重要的文化现实意义,它有助于促进刑法学理论知识的发展,促成刑法学派在中国的早日形成,同时也有利于营造良好的学术生态环境。

A Second Look at the Debate over the Chinese Crime Constitution System from a Cultural Perspective

Aided with basic theories of legal culture, one can see that these controversies, deep down, de- rive from the conflict between different legal cultures ; therefore, they become the realizations of cultural conflict in the field of criminal law studies. The debate is not only a reexamination of the Chinese criminal law theory, but also a continuation of the theoretical debate since the Post - Qing period. The debate certainly is meaningful in that it is driving the development of criminal law studies, is prompting the formation of the Chinese school of criminal law studies, and is propelling the establishment of a sound academic atmosphere.