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被害人自我答责理论对许多问题的解释并不科学,传统刑法理论对此类问题的论证更加精确、严密,并且在论证结论上与前者基本一致,因此,可以用传统刑法理论取而代之。在被害人自我答责的理论根基方面,期待可能性理论具备取而代之的条件;因果关系理论相较于被害人自我答责理论下的客观归责更加清晰明了;不作为理论可以从实行行为本身对归责问题做出全面回答;共犯理论在解释具体案情的过程中更加合理顺畅。
The explanation of many questions by the theory of victim self-assurance is unscientific. The argumentation of traditional criminal law theory on such issues is more accurate and rigorous, and is basically consistent with the former in the conclusion of argumentation. Therefore, it can be replaced by the traditional theory of criminal law. In the theoretical foundation of the victim’s self-responsibility, the possibility theory is expected to have the replaced condition; the theory of causation is more clear than the objective imputation under the victim’s self-responsibility theory; not as a theory can be imputed from the behavior itself Make a comprehensive answer to the question; and the principle of accomplice is more reasonable and smooth in explaining the specific case.