依据刑法学问题的讨论是否与刑法规则的设计或适用直接相关,刑法学问题可被区分为刑法问题和纯粹刑法学问题。刑法学界关注和讨论的不少问题,属于与刑法规则的设计或适用没有直接关系的纯粹刑法学问题,其主要类型为解释选择问题。有关构成要件属性问题的讨论就属于纯粹刑法学问题中的解释选择问题,刑法学界就此问题存在行为类型说、违法类型说和违法·有责类型说的对立。在三种学说都符合逻辑自洽且富有学说解释力标准的前提下,违法·有责类型说更能满足刑法学界对构成要件属性讨论的各种主要学术目的,因而是更为可取的学说。 According to whether the discussion of the problem of criminal jurisprudence is directly related to the design or application of the criminal law, the issue of criminal law can be divided into the problem of criminal law and the issue of pure criminal law. Many problems that the criminal law scholars pay close attention to and discuss are purely criminal law issues that are not directly related to the design or application of the criminal law rules. The main types are the questions of choice of interpretation. The discussion about the constitution of the essential attributes belongs to the question of the choice of interpretation in the problem of pure criminal law. There is the antithesis of the type of behavior, the type of violation of law and the type of violation of law and responsibility. On the premise that all three theories accord with the logic self-consistent and rich doctrine of explanatory power, it is more preferable doctrine that the law of breach and responsibility type can satisfy all the main academic purposes of criminal law scholars to discuss the attributes of the constituent elements.