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犯罪构成是刑法学界讨论的热点问题,尤其是在当前我国面临传统的犯罪构成体系何去何从的时候,显得更为重要。这实际上是研究从哪里来到哪里去的问题。我国的犯罪构成理论移植自苏联,而苏联的犯罪构成学说深受沙俄时期学说的影响,沙俄时期的刑法理论又源自西欧国家,主要是学习了德国的相关学说。但我国学界长期存在对特拉伊宁犯罪构成理论的误解,认为其属于四要件的犯罪构成学说,而事实上特拉伊宁主张的是构成要素论,而非构成要件论。长期以来我们认为四要件的构成理论是苏联学者的贡献,但事实上早在十月革命以前就已经存在了这样的学说,并且是对德国相关学说的改造。当前,学术界常常探讨犯罪论体系的改造问题,其中四要件与三要件学说的对立就是重要内容,将两者对立起来的一个重要原因就是对俄罗斯犯罪构成学说的根源认识不清,两者在历史上实际上是同源的。
The composition of crime is a hot topic discussed in the criminal law academic circles, especially when the traditional crime constitution system in our country is going to be more and more important. This is actually a question of where to go from here. The theory of constitution of crime in our country was transplanted from the Soviet Union. The theory of the constitution of crime in the Soviet Union was deeply influenced by the theory of Czarist Russia. The theory of criminal law in the era of Czarist Russia originated from Western European countries and mainly studied the related theories of Germany. However, our academic circles have long been misunderstood of Trajanin’s criminal constitution theory, thinking that it belongs to the four elements of crime constitution theory, but in fact Traianin advocated the formation of elemental theory rather than the constituent element theory. For a long time we think that the constitutional theory of the four elements is the contribution of the Soviet scholars, but in fact it existed as early as the October Revolution and was a remoulding of the relevant German doctrine. At present, the academic circles often discuss the reform of the criminal theory system. Among them, the opposition between the four elements and the three elements theory is an important part. An important reason for the opposition of the two is that they do not know the origin of the theory of the constitution of crime in Russia. In fact, history is homologous.