犯罪实行行为及其判断标准

社会相当性理论作为社会行为论的一种,既是解决犯罪化与非犯罪化依据的理论武器,也是犯罪实行行为判断标准的理论依据。社会相当性理论不仅考量行为所造成的结果的恶,同时更侧重行为本身的恶。因此,相对于单纯的法益侵害说和规范违反说,在解释实行行为的刑法意义上更有说服力。

On Perpetrating Act and Its Judgment Standard

As one kind of theories of social behavior, the theory of social worthiness provides theoretical foundation for the judgment standard of perpetrating act as well as a weapon to solve the criminalization and decriminalization. The theory not only focuses on the evil consequence caused by act but on the evil act itself. Therefore, compared with theory of benefit invasion and theory of regulation violence, the theory of social worthiness is more convincing in explaining the criminal significance of perpetrating act.