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主张故意处于犯罪论体系各个阶段的观点都存在,问题的关键是,故意处于哪一个阶段更合理,更能与其他犯罪要素相协调,更能体现其理论功能。由于在传统上将犯罪的客观的要素作为违法、将主观的要素作为责任来予以考察,因此一般都将故意这种主观的要素作为责任问题来予以论述。在行为无价值论看来,故意属于违法要素;在结果无价值论看来,故意作为违反规范要求的意思,是对行为人进行责任谴责的基础,属于责任要素。讨论故意在犯罪论体系中的地位,与对“构成要件”的理解密切相关。从将构成要件理解为违法类型、赋予构成要件以故意规制机能的立场出发,应当将故意理解为责任要素。
Advocates deliberately at all stages of the criminal theory of the existence of the point of view, the crux of the problem is deliberately at what stage is more reasonable, more coordination with other elements of crime, but also to better reflect its theoretical functions. Since the objective elements of crime are traditionally illegitimate and the subjective elements are examined as responsibilities, deliberately this subjective element is generally discussed as a matter of responsibility. In the view of behavioral no-value theory, it deliberately belongs to the illegitimate element. In the opinion of the results no-value theory, the deliberate intention as a violation of the normative requirements is the basis for condemning the perpetrator for responsibility and belongs to the responsibility element. Discussing deliberately the position in the system of crime is closely related to the understanding of “constitutional elements”. From understanding the constitutional elements as illegality and assigning constituent elements to deliberately regulate their functions, they should be deliberately understood as elements of responsibility.