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犯罪构成是刑法学的核心,历来为学术界关注。构成要件是我国刑法学中犯罪构成理论研究过程的基本词汇。该词源于资产阶级刑法学,曾被前苏联和我国学者深刻批判过,但在构筑社会主义国家犯罪构成体系上又被广泛使用,以致于批驳与立论相当混乱。本文对怎样正确理解构成要件,作为犯罪构成要件的标准,构成要件与犯罪形态的关系等问题,作了探讨。
The composition of crime is the core of criminal law and has always been the concern of academics. Constituent requirements are the basic vocabulary of the research process of the constitution of crime in criminal law in our country. The term originated from bourgeois criminal jurisprudence and was deeply criticized by the scholars of the Soviet Union and our country. However, it has been widely used in the constitution of the criminal system in socialist countries, so that refutation and argument are rather chaotic. This paper discusses how to correctly understand the elements of constitution, the standards of constitutional elements of crime, the relationship between constitutional elements and criminal patterns.