刑法中的行為概念及其展開

The Concept of Action in Criminal Law and its expansion

“犯罪是行爲”中的“行爲”、構成要件要素中的“行爲”（具體包括階層犯罪論體系構成要件符合性中的“行爲”要素、平面四要件體系犯罪客觀方面中的“行爲”要素）、行爲無價值中的“行爲”等，屬�既有聯繫也有區別的概念群。考察我國刑法規範，“行爲”應當分爲廣義（人造成的外界狀態的改變）、中義、狹義、最狹義。尤其是在采取控制行爲論，將狹義的“行爲”界定爲“主體控制或應該控制的客觀條件作用於一定的人或物的存在狀態的過程”之後，這一考鏡源流的工作具有多重意義，首先，有利於明晰“行爲”概念與相關概念——尤其是“結果”概念的關係，避免學術上的無謂爭論；其次，有利於樹立建構犯罪論體系的方法論，準確認定犯罪行爲的性質；最後，有利於撩開犯罪論諸疑難問題的神秘面紗，推進犯罪論知識的更新。

The “action” of “Criminal action", the “action” of elements in constitutional requirements (specifically including the “action” as an element of constitutional requirements in class system, and it as a element of objective aspect in plane four elements system), the “action” of handlungsunwert and so on, belonging to both the relationship between the concept group is also different. Study of China’s criminal law norms, “action” should be divided into generalized (people caused by changes in the external state), meaning justice, narrow sense, the most narrow sense. Especially in the action control theory, the narrow sense of “action” is defined as “the subject of control or should be controlled by the objective conditions of the existence of a certain person or the process of the existence of the state”, the mirror source of the work has multiple meanings. First of all, it is helpful to clarify the relationship between the concept of “action” and its related concept—especially the concept of "result", to avoid the indisputable debate in academia. Secondly, it is helpful to establish the methodology of constructing the crime theory system. Finally, it is helpful to put forward the mystery of the difficult problem of crime and promote the renewal of the knowledge of crime.