犯罪构成理论与重构-刑事诉讼法专业论文.docx

1 1 Abstract As the only law which is closely related to people’s life, criminal law is naturally more eager for justice. As for theoretical study of criminal constitution, it occupies the core position of crime part, which takes up almost half of the field of the entire criminal law science， hence it plays a crucial role in the entire criminal law science research, which takes realizing criminal justice as one of her essential missions. Whereas the important sense of realizing the criminal justice to the criminal law, at the same time,the study of criminal constitution which is one of the core issue of the crime part, directly relates to the results of criminal law’s application， it is possible to combine the above two factors together to study. At present, when study on the issues of criminal constitution, our domestic scholars all tended to embark on them from the angle of comparing the theory and practice referring to criminal constitutions between the western style and ours，then takes theirs as the model to exam the limitations of our present criminal constitution theory，and expect to remedy those limitations of our traditional criminal constitution theory and practice through referring overseas more reasonable experience in this field. In those researches, some scholars radically proposed to completely adopt the foreign system；but othersand the system was made more ideal；at the same time, the more ideal system could protect the realization of criminal law’s justice value correspondingly. Key words：justice constitution of a crime limitation reconstruction 1 1 目 录 HYPERLINK \l _bookmark0 引 言 1 HYPERLINK \l _bookmark1 一、犯罪构成理论简述 2 HYPERLINK \l _bookmark2 （一）犯罪构成的定义 2 HYPERLINK \l _bookmark3 （二）犯罪构成特征 2 HYPERLINK \l _bookmark4 二、我国的犯罪构成体系的特征及其缺陷 4 HYPERLINK \l _bookmark5 （一）平面耦合模式下犯罪客体的尴尬处境 4 HYPERLINK \l _bookmark6 （二）现行犯罪构成体系缺乏消极构成要件而功能单一 7 HYPERLINK \l _bookmark7 （三）现行犯罪构成体系难以克服刑法实证化的风险 9 HYPERLINK \l _bookmark8 三、我国犯罪构成体系的重