論犯罪構成的三個思考維度——兼論犯罪構成的屬性問題

On the Three Thinking Dimensions of Crime Composition—Discussion on the Attributes of Crime Composition

刑法學中圍繞犯罪構成的爭論歸根結底是由於學者們對犯罪構成屬性的理解不同，不同的屬性理解反映了學者們對於犯罪構成問題思考的不同理論出發點和不同的觀察視角，不同的理論出發點會產生不同的邏輯體系效應，不同的觀察視角會揭示出犯罪構成的不同面向。就刑事司法過程以及刑法學理論研究而言，對於犯罪構成，大體可以從三個不同的維度去理解和把握：從事實維度來說，犯罪構成指的是作為刑法評價對象的行為構成；從法律維度來說，犯罪構成指的是刑法所規定的法律要件；從理論維度來說，犯罪構成指的是不同解釋路徑的理論體系。不同維度的犯罪構成發揮著不同的體系功能：事實維度的行為構成是刑事訴訟過程中需要證據證明進而進行價值判斷的事實基礎；法律維度的法律要件是貫徹罪刑法定原則進而指導司法活動中犯罪認定的規範標準；理論維度的理論體系是刑法學中的理論前提進而為刑法學研究提供共同交流的平台。不同維度的犯罪構成是學者們基於對犯罪構成屬性的不同認識所進行的不同類型刑法學問題的討論，它們各自有各自的討論方法和評價標準，犯罪構成問題研究中應明確區分不同維度的問題，避免因前提不清而導致問題討論的混亂。

The debate surrounding the composition of crimes in criminal law ultimately stems from scholars' different understandings of the attributes of crime composition. Different understandings of attributes reflect scholars' different theoretical starting points and observation perspectives on the issue of crime composition. Different theoretical starting points will produce different logical system effects, and different observation perspectives will reveal different aspects of crime composition. In terms of criminal justice process and theoretical research in criminal law, the composition of a crime can be generally understood and grasped from three different dimensions. From the factual dimension, the composition of a crime refers to the behavioral composition that serves as the object of criminal law evaluation. Behavioral constitution is the factual aspect of criminal constitution, the basis for criminal behavior and theoretical research on criminal constitution in criminal law, and also the evaluation object of criminal law norms. It is a specific case fact that needs to be proven through evidence in criminal proceedings. It delineates the scope and boundaries of legal constitution and theoretical constitution from the factual level. From a legal perspective, the composition of a crime refers to the legal requirements stipulated in criminal law. Legal elements are the normative aspect of criminal composition, which is the general value consensus of legislators condensed in criminal law, and the normative standard and value guidance for criminal identification. In the application of criminal law, legal elements are the major premise that needs to be determined first in the judicial syllogism, and they are also the legal basis for guiding the determination of minor premise. The process of determining a crime is actually a value judgment process that encompasses the abstract legal elements stipulated in criminal law with specific case facts. Therefore, revealing the normative content contained in legal elements is the main task of theoretical research in criminal law, especially in the field of criminal law doctrine. From a theoretical perspective, criminal constitution refers to a theoretical system with different explanatory paths. Theoretical composition is a systematic interpretation of the elements of criminal establishment stipulated in criminal law according to a certain logic. Different theoretical systems are different arrangements and combinations of the elements of criminal establishment stipulated in criminal law, reflecting the different academic preferences of different scholars. Different theoretical systems are not the normative basis for criminal identification, but the conceptual framework for theoretical research. Logical consistency or system rationality is the criterion for judging the appropriateness of theoretical composition. The different dimensions of crime composition play different systemic functions. The factual dimension of behavioral composition is the factual basis for evidence proof and value judgment in the criminal litigation process. The legal elements in the legal dimension are the normative standards for implementing the principle of legality and guiding the determination of crimes in judicial activities. The theoretical system in the theoretical dimension is the theoretical premise in criminal law and provides a common platform for communication in criminal law research. The different dimensions of crime composition are the discussions of different types of criminal law issues conducted by scholars based on their different understandings of the attributes of crime composition. They each have their own discussion methods and evaluation standards. In the study of crime composition issues, it is necessary to clearly distinguish among different dimensions of problems to avoid confusion in problem discussions due to unclear premises.