构成要件的概念与构成要件的理论

从客观和主观两个方面来说明犯罪成立条件的作法并非社会主义国家特有的方法.事实上,从罗马法开始直到19世纪中叶各国刑法理论都是如此.而将犯罪视为符合构成要件的违法有责行为的德日犯罪论体系则起源于19世纪中后期,其中居核心地位的构成要件理论经历了几次大的修正.促使德日构成要件理论发生重大转变的关键在于新康德主义哲学的影响.德日犯罪论体系在限制国家刑罚权方面具有优势.

The Conception and Theory of Constitutive Conditions

The way of illustrating the foundation of crime conditions from subjective and objective respects is not only used as a special way in socialist states.In fact,all the countries were holding this theory from Roman law up to the middle of 19th century.While the criminal theory system in Germany and Japan,which originated in middle and later periods of 19th century treated the crime as the illegal and responsible act according to the constitutive conditions.The constitutive conditions theory,which was in the key position,has been revised for serial times.The key to spur the big change on the theory of constitutive conditions in Germany and Japan was influenced by the Neo-Kantianism philosophy.The criminal theory system in Germany and Japan has an advantage on imposing restrictions on state power of penalty.