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为了解构成要件理论的发展,本文作者按照历史发展的顺序,对德国、日本和前苏联学者的构成要件理论进行评述。文章主要介评了贝林格、迈耶、表兹格、小野清一郎、泷川幸辰、特拉依宁、契柯瓦则等人的观点与主张。文章认为,德、日两国的构成要件理论虽有差异,但师承关系明显,且两国大多学者皆认为只有构成要件理论符合性还不能认定构成犯罪;比较日本、前苏联学者的观点,前苏联的犯罪构成理论在日本也有一定影响。通过历史考察,作者最后指出,随着刑法理论的发展、修正和完善犯罪构成理论,已成为摆在我们面前一个重要的课题。
In order to understand the development of the theory of constitutional requirements, the author reviews the constitutional elements of scholars in Germany, Japan and the former Soviet Union in the order of historical development. The article mainly comments on the views and propositions of Behringer Meyer, Watts Zigzag, Onchiro Ono, Takigawa Yukinori, Traianin, Cherkvah et al. The article holds that although there are some differences in the theory of constitutional elements between Germany and Japan, the relationship between teachers and students is obvious. Most of the scholars in both countries think that only the theory of constitutional elements can not be regarded as constituting a crime. Comparing the views of Japan and former Soviet scholars, The theory of the composition of the Soviet Union in Japan also has a certain influence. Through historical investigation, the author finally points out that with the development of the theory of criminal law, the revision and improvement of crime constitution theory has become an important issue before us.