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犯罪构成作为认定具体犯罪的标准,对司法实践和刑法理论都具有重大意义。在刑法学界,近年来对于犯罪构成理论观点各异,学者对传统犯罪构成理论提出了肯定或是否定的意见。三阶层和四要件理论虽然都在不同程度上存在合理性与弊端,但二者在“有罪”和“无罪”的判断上实质是殊途同归,没有必要将目前传统四要件理论予以抛弃,并且考虑到中国的国情和思维,四要件说更适合我国。
As a standard to identify a specific crime, the constitution of crime is of great significance to both judicial practice and criminal law theory. In the field of criminal law, in recent years, there are different views on the theory of composition of crime, and scholars have given affirmative or negative opinions on the theory of traditional crime. Although the theories of the three strata and the four elements all have their rationality and malpractice in varying degrees, they are essentially different from each other in the judgment of “guilty” and “innocence”. It is not necessary to give the current traditional four-element theory to Abandoned, and taking into account China’s national conditions and thinking, the four elements are more suitable for our country.