按照传统的犯罪构成理论,将犯罪主体作为犯罪构成要件要素,造成了逻辑上的矛盾和现实的重重困境。因此,对犯罪主体进行合理的消解,将犯罪主体资格和身份纳入该当性范畴,责任能力纳入有责性范畴,能够为理论的缺陷和实践的困境找到出路。 According to the traditional theory of constitution of crime, the criminal subject is taken as the element of crime constitutional element, which causes the logical contradiction and the serious difficulties in reality. Therefore, to reasonably eliminate the criminal subject, to include the qualification and identity of the criminal subject in the proper category, and to include the responsibility ability into the responsibility category, can find a way out for the theoretical flaws and the plight of practice.