犯罪故意不仅有类型之分,而且有程度之分;我国刑法学界对此缺乏探讨,不利于此领域研究的深入发展。国外同仁的探讨,虽然给了我们一些启示,但仍有失偏颇。依据故意心理态度形成过程中的自觉性/独立性状况,犯罪故意程度可划分为主动故意、被动故意和被迫故意三个程度递减的层次,这种划分具有重要的司法价值和立法价值,体现了罪责刑相统一的法治精神,有利于制约法官的自由裁量权,有利于对我国刑法相关规定的理论探讨。 Crime intentionally not only has the type of points, but also to a certain extent; our country’s criminal jurisprudence lacks discussion, is not conducive to the further development of research in this field. The discussion of foreign colleagues, although it gives us some inspiration, but there is still biased. According to the state of consciousness / independence in the formation of deliberate mental attitude, the intentional crime can be divided into three levels: active intentional, passive intentional and forced intentional reduction. Such division has important judicial value and legislative value, The unity of crime and punishment of the spirit of the rule of law is conducive to restricting the judge’s discretion, which is conducive to the theoretical discussion of the relevant provisions of our criminal law.