论犯罪的特征律毕业论文

摘    要

关于犯罪的特征在我国刑法学界经常争论，重要原因之1是“犯罪的特征”的定义没有统1。本文从这个角度出发进行分析，认为犯罪的特征应该只有两个，即刑事违法性和责任当负性。我国犯罪的特征理论的通说，即3特征说中的“严重的社会危害性”是犯罪的本质而不是犯罪的特征，并且，刑罚惩罚性应由责任当负性代替。

关键词：犯罪特征；严重社会危害性；刑事违法性；责任当负性

ABSTRACT

The issue of criminal feature is hot in the area of criminal law, and one of the reasons is that there is not a uniform definition of criminal feature. From this angle of view, the writer thinks there are only two features of crime, including prescriptive criminal law and incurring criminal liability. However, the high harmfulness, one of the criminal features in the theory, which is currently considered by researchers, is the essence of crime, rather than the feature of it. Additionally, breaking of the criminal law is one of the features of crime, and deserved punishment should be substituted by incurring criminal liability.

Key words: Features of crime; High harmfulness; Breaking of the criminal law; Incurring criminal liability
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