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刑事政策与犯罪构成关系密切。从渊源上考察,是近代刑事政策催生出科学、公正认定犯罪需要的犯罪构成,故刑事政策对犯罪构成具有先决性,这也使得在内容上刑事政策要求犯罪构成应具有人权保障的功能和机制。从二者演进发展历程看,即使在近代刑事政策产生之前,古代朴素刑事政策即已对认定犯罪产生影响。自启蒙思想始,科学主义刑事政策、人文主义刑事政策、人道主义刑事政策都对犯罪构成的体系及内容产生过深刻影响,犯罪构成成为刑事政策在规范刑法中的延伸。作为舶来品的我国的犯罪构成从产生到现在都与我国的刑事政策相脱节,其应对当今刑事政策之人道和法治原则、宽严相济之内容等进行应有的回应。
Criminal policy is closely related to crime. Investigating from the origin, the modern criminal policy has given rise to the criminal constitution of crimes that need to be scientifically and justly recognized. Therefore, the criminal policy possesses a prerequisite for the constitution of crimes, which also makes the content of criminal policies require that crimes should have the functions and mechanisms of human rights protection . Judging from the evolution of both, the ancient simple criminal policy has already had an impact on the identification of crimes even before the modern criminal policy was adopted. Since the beginning of enlightenment, scientific criminal policy, criminal policy of humanism and humanitarian criminal policy all had a profound impact on the system and content of the criminal constitution. The criminal constitution became an extension of criminal policy in the regulation of criminal law. From the present to the present, the constitution of crime in our country as imported goods is out of touch with the criminal policy of our country. It should respond appropriately to the humanitarian, rule of law principles and the temper and strictness of the current criminal policy.