本科毕业设计-试论我国犯罪构成理论的完善

AbstractThe theory of constitution of crime is considered the crown jewel of criminal law theory, which is an important indicator of the level of criminal law theory. With the further development of the theory of constitution of crime, the improvement of academic knowledge that exchanged by experts who come from domestic and international, and the practical needs of the penal laws, a lot of malpractice appear constantly, for example, the contradiction between the formal irregularity and the virtually irregularity, which did not solved by criminal object in our country; the criminal object target which is not clear; the four elements of the logical order which is unreasonable; and the function of the theory of constitution of crime which did not work in the activities of penalty; all of these have been fall behind the development of the judicature. Therefore, it is very necessary to do some research and analysis on the theory of constitution of crime in carefully, make up for its shortcomings, further stream and improve the intrinsic theoretical structure of the four elements of the theory of constitution of crime, and then give some suggestions about how to improve and perfect the current theory of constitution of coupling crime, in order to respond to the needs of our criminal law.Key word: criminal object; theory of constitution of crime; defect; integrity试论我国犯罪构成理论的完善我国犯罪构成理论体系是在学习借鉴原苏联刑法学犯罪构成理论成果和总结我国社会主义刑事法制科学经验基础上形成、进展和完善起来的，对我国刑法学的讨论和司法实践都产生了重大而积极的影响。犯罪构成理论作为犯罪推断与证成的思维作业模式，乃是整个刑法学体系的基石，并为近代刑事法治文明的支柱。 ①但是，随着国内外法学界学术知识的相互沟通，近年来不少刑法学者对我国的犯罪构成理论提出质疑...