论文部分内容阅读
法益在现行刑法体系中遭到诸多观点的批判,被不断外置化和边缘化。事实上,法益是刑事政策与犯罪论体系得以连接的中间桥梁,一方面受到刑事政策的浸染,对社会期许与挑战作出反应,另一方面对犯罪论体系具有全面的指导作用。实质违法性的结论必须立足于法益衡量的结果,构成要件的解释以法益为航向,因果关系、故意成立标准和着手时点的类型化都是根据法益的重大程度设置阶梯。
Legal interests in the current system of criminal law has been criticized many points of view, has been constantly externalized and marginalized. In fact, the legal interest is the intermediate bridge between the criminal policy and the crime theory system. On the one hand, it is affected by the criminal policy and the society may make response to the challenge. On the other hand, it has an overall guiding function to the crime theory system. The conclusion of the substantive illegality must be based on the outcome of the measurement of law and interests. The explanation of the constitutional requirements takes the benefit of the law as the heading, the causal relationship, the intentional establishment of standards, and the typification of the starting point as the setting of the ladder according to the law and order.