论文部分内容阅读
基于罪刑法定的要求,犯罪成立体系应具备充足性即行为满足犯罪成立体系的要求就构成犯罪、完备性即决定犯罪成立的诸条件都统一于犯罪成立体系中。但犯罪构成以还原论的方式构建,割裂了某些要件之间的某些内部联系,从而不具有充足性;在两可案件中犯罪构成不能反映整体性的系统思维方法,也不能将定罪条件全部罗列于犯罪构成中,从而不具有完备性。根据系统论观点,两阶段模式将还原论和整体论结合起来,满足了犯罪成立体系的充足性和完备性要求。
Based on the statutory requirements of crime and punishment, the establishment of a criminal system should be adequate, that is, the act fulfills the requirements of a criminal establishment system and constitutes a crime. The conditions of completeness, that is, the establishment of a crime, are all unified in the establishment of a criminal system. However, the constitution of crime is constructed in a reductionist way, which divides some internal relations between certain elements and thus does not have sufficientness. In the two-for-like cases, the constitution of crime can not reflect the holistic systematic thinking method, nor can the conviction condition All listed in the composition of the crime, and thus not complete. According to the theory of system, the two-stage model combines reductionism and holism to meet the requirements of the sufficiency and completeness of the criminal establishment system.