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先事实判断、后价值评价是认识事物和决定取舍的普遍方法。我国犯罪成立要件模式具有静态性和整体性。事实判断和价值评价同时的、一次性的完成,不仅混同事实判断和价值评价,而且颠倒了先事实判断、后价值评价的顺序,带来了诸多弊端。构建由典型事实到刑事违法性的两要件双层次犯罪成立模式,能克服现存犯罪成立要件模式之弊,对确保刑法功能的实现具有重要意义。
The first fact to judge, after the value of evaluation is to recognize things and decide the general method of choice. The model of crime establishment in our country has the characteristics of staticness and integrity. The factual judgment and the value evaluation are completed at the same time and in one time. They not only confuse the fact judgment with the value evaluation, but also reverse the order of the prior fact judgment and the post-value evaluation, which brings about many drawbacks. It is of great significance to construct a two-level model of the establishment of two essential elements of crime from typical facts to criminal illegality, which can overcome the disadvantages of the existing elements of the crime establishment.