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不同法系各有其甄别犯罪、完成罪与罚双重任务之规范体系——犯罪构成模型,以此关照事实原型,进而打击犯罪、保障人权。至于如何构建体系、解释刑法,实乃方法、路径问题,受制于哲学思潮、民族思维、政治文化、历史传承等诸要素影响。近代各国刑法理论在指导司法运用体系识别犯罪,从而达致刑法任务方面,功能无异。但中国刑法在同一规范平面内的运作,较之其他法系中“超规范”判断之实质性差异,仍凸显各自体系之不同方法论意义。
Different legal systems have their own standard system of crime screening and completion of crime and punishment - crime constitutional model, so as to take care of the factual prototype and then crack down on crimes and safeguard human rights. As to how to construct a system and explain the criminal law, it is actually a matter of method and route that is subject to the influence of philosophic trends of thought, national thinking, political culture and historical inheritance. In modern times, the theories of criminal law in all countries have the same function in directing the judicatory system to identify crimes so as to achieve the task of criminal law. However, the substantive discrepancies in the operation of Chinese criminal law in the same normative plane as compared with the “super norms” in other legal systems still highlight the different methodological implications of their respective systems.