我国传统犯罪构成体系所依赖并作为理论建构“支柱”的主观与客观的统一性,与西方大陆法系国家犯罪论体系所依赖并作为理论建构“支柱”的违法与有责的统一性均属于同质判断,但中西方犯罪论上均存在共同缺陷,即均缺少应受刑罚处罚性要件的结构性限制,这在现实中也呈现出一系列的弊端。我国应采取明确限缩犯罪成立最低规格标准的立法政策和立法技术,重新审查和构建我国犯罪构成论的逻辑关系体系,在我国犯罪构成论体系内将标准的犯罪构成、修正的犯罪构成与犯罪成立最低规格标准等犯罪论关系范畴进行周延的逻辑梳理,实现我国犯罪构成理论体系逻辑自洽。 The unity of subjectivity and objectivity relied upon by the traditional constitutional system of crime in our country and as the theoretical construction of the “pillar” is not in accordance with the unlawfulness and responsibility of the criminal theory system in Western civil law countries as the “pillar” of theoretical construction However, both China and the West have common defects in their theories of crime, that is, they all lack structural restrictions on penalties and punishments, which in reality also show a series of drawbacks. China should adopt a legislative system and legislative technology that clearly limits the minimum standard of crime and re-examine and construct the logic relation system of the theory of constitution of crime in our country. In our system of constitution of crime, we should make the composition of the standard crime, the constitution of the revised crime and the crime The establishment of minimum standards and other criminal areas such as the relationship between the scope of the logic of sorting, to achieve the theory of crime in our country system logic self-consistent.