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近现代犯罪构成理论经历了从精确性到模糊性的发展轨迹,社会危害性理论、违法性及有责性理论是现代刑法企图平衡近代刑法追求法的精确性带来的一元化缺陷的产物,他们意在通过表示法的模糊性来实现法的精确性与法的模糊性的二元平衡设计。而这一平衡的基础是法的确定性与法的非确定性的共存关系,并认为近现代刑法以主客观思维方法为主导地位的一元方法论应该由确定性与非确定性的二元论所取代。最后,主张以法的精确性与法的模糊性为工具,以确定性与非确定性为本体的二元刑法观设计新的科学的犯罪论。
Modern crime constitution theory has undergone a development from accuracy to fuzziness. The theory of social harmfulness, illegality and accountability theory are the products of modernized criminal law attempting to balance the defects of monopoly brought by the accuracy of modern criminal law. They are It is intended to realize the dualistic design of the accuracy of the law and the fuzziness of the law through the fuzziness of the representation. The balance is based on the certainty of law and the non-deterministic coexistence of law. It is also believed that the monistic methodology dominated by subjective and objective thinking in modern criminal law should be replaced by the dualism of certainty and non-certainty. Finally, it advocates to design a new scientific theory of crime based on the accuracy of law and the ambiguity of law as a tool, and the binary criminal law concept of determinism and non-certainness as the ontology.