原因自由行为可罚性理论存在多种建构类型,笔者认为,中国刑法理论中的犯罪构成与德、日刑法理论中的构成要件具有一定的继受关系,为了统一关于原因自由行为的理论基础,认为以例外模式与构成要件模式为基础,论及创造的折中模式,而各种模式都有其合理性及缺陷。 The reasons for the existence of a variety of types of construction of free behavior theory of fairness, the author believes that the constitution of criminal law in China and Japan, Japan and the constitutional elements of criminal law have some elements of inheritance, in order to unify the theoretical basis for freedom of behavior, It is considered that based on the patterns of exceptions and components, the mode of compromise created is discussed, and all the modes have their rationality and defects.