犯罪论体系:功能、价值与实现途径辨析

犯罪论体系研究的是行为可罚性的一般之法律要件。各国犯罪论体系在形式上各有千秋,在功能与价值取向上,都是为司法者提供一套判断犯罪的基本思维方法,为罪与非罪判断提供共通的标准,防止司法擅断,实现实质正义,在实现路径上则是殊途同归。

Criminological Theories: An Analysis of Their Function, Value and Approaches

Criminological theories are concerned with the study of general requirements for punishment of criminal behaviors.Though criminological theories vary in forms in different countries,in respect of their function and value,they have many similarities:they invent the same mode of thinking for judiciary to distinguish crimes and set up common criteria to decide which is guilty or not guilty.As is the case that all roads lead to Roma,though their approaches are different,their goals are the same that judicial arbitrary should be deterred and substantial justice realized.