犯罪构成要件体系论

关于犯罪构成要件,我国刑法学界普遍认为,行为构成犯罪,以犯罪构成要件的满足为条件。暨任何行为,凡是符合某种犯罪的构成要件,犯罪就成立,反之亦然。笔者认为,犯罪客体不是犯罪构成要件;犯罪主体是犯罪构成要件;而否定性要件应成为犯罪构成要件。因此,所谓犯罪构成就是指依刑法之规定,行为成立犯罪所必须具备的一切条件的总和,而一定的成分以及有序的组合就是犯罪构成要件体系。

On System of Crime Constitutive Elements

It is recognized that behavior constitutes crimes when the behavior is in accordance with constitutive elements of a crime in criminal law science circle. That is, to judge whether a behavior is crime or not, and we should decide if the behavior is in keeping with constitutive elements of a crime. However, according to the author's opinion, criminal object should not be regarded as one of constitutive elements, criminal subject is one of the elements, negative elements should be added as one of the elements. Therefore, I can define constitutive elements of a crime as all necessary conditions with which a crime occurred in accordance with criminal law. As a result, some elements and its regularly combination make the system of crime constitutive elements.