三阶层体系与我国犯罪论体系的重构

摘要

在当下刑法学界关于我国犯罪论体系的论争中，德日三阶层犯罪论体系因其富有层次感和逻辑性的构造深受追捧。但其能否成为我国犯罪构成体系重构的基石和核心，亟待司法实践的检验。%The three - tier system of current criminal theory in Germany and Japanese has been well recognized by scholars during the debate about the system of criminal theory of China in the field of criminal law in view of its good administrative levels and logic. Whether the system of criminal theory can become the foundation or not, it needs to wait for the test of the time and the judicial practice in our country.