祛魅与返璞：实质违法性的多维向度透视

违法性理论是刑法教义学的重要题域，发轫于犯罪本质的最小公分母之争的二元论与结果无价值在此铭写了旷日持久的论战檄文。从方法论、本体论、规范论及语境论这四面向度的比较发微来透视两种理论的原始内核及在我国的定格，结论是：二元论实乃僵硬糅合之后的怪诞产物而陷入进退维谷的漩涡中，最终沦为一种修辞技术；并且，二元论与我国现实的语境隔膜甚远；结果无价值理应成为实质违法性甄别之重要利器。

Disenchantment and Returning to Original Simplicity：Substantive Law Violation from Multidimensional Perspective

The theory of illegality is an important domain of criminal law dogmatics. Dualism that originates from the lowest common denominator of the nature of crime and ＂Erfolgsunwert＂ wrote a long article of controversy. Based on methodology, ontology, norms and context, the debate probes into the original kernel of two theories and its location in China and reaches a conclusion. Dualism is grotesque creature produced by a bizarre blend of stiffness and starkness, and is in a catch-22 situation. Finally it becomes a rhetorical device. What＇s more, Dualism is far from the context of China. We should let ＂Erfolgsunwert＂ become an an important weapon to judge the real illegality.