现代意义上的德国刑法源自罗马法,初步成型于18世纪,至19世纪已经在世界范围内产生了巨大影响。时至20世纪,德国刑法学的发展在纳粹统治期间一度受到政治因素的强烈遏制,但“二战”之后,德国刑法学再度焕发生机。在众多优秀学者和司法工作人员的共同努力下,德国刑法学在20世纪中后期历经了史无前例的繁荣发展阶段。在这一时期,三阶层犯罪构成体系逐渐从古典、新古典体系经由目的行为论的改造演化成了今天为多数学者所认可的折中 German criminal law in the modern sense originated from the Roman law, initially formed in the 18th century, to the 19th century has had a tremendous impact worldwide. By the turn of the 20th century, the development of German criminal law was strongly deterred by political factors during the Nazi rule. However, after World War II, German criminal law rekindled its vitality. With the joint efforts of many outstanding scholars and judicial staff, German criminal law has experienced an unprecedented stage of prosperity and development in the late 20th century. During this period, the constitutional system of the third-class crime gradually evolved from the classical and neoclassical systems through the transformation of the theory of purposive behavior into the compromise accepted by most scholars today