犯罪构成是认定犯罪的唯一标准,刑法中的正当行为不符合我国的犯罪构成,将其视为犯罪成立的消极条件并不科学。犯罪构成与正当行为不是入罪与出罪的反向关系,二者之间是基本规定与注意规定之间的关系。传统的体系安排具有合理性,应当加以维护,不应该将其作为对我国传统犯罪构成大动干戈的借口。 The constitution of crime is the only criterion of criminalization. The proper behavior in criminal law does not conform to the constitution of our country. It is unscientific to regard it as the negative condition for the establishment of a crime. The constitution of crime and the act of justification are not the reverse relations between criminalization and crime, the relationship between the basic regulation and the attention regulation. The traditional system arrangement is reasonable and should be maintained. It should not be used as an excuse to make a drastic move toward the traditional crime in our country.