理性的犯罪概念质疑——"犯罪是应受刑罚惩罚的行为"之提倡

通说认为犯罪是违反刑法、严重危害社会的和应当受到刑罚处罚的行为,并认为严重的社会危害性是犯罪的本质特征.但这个犯罪概念将犯罪的形式概念和实质概念统一在一起是虚幻的.从形式理性和实质理性的角度得出的形式的犯罪概念和实质的犯罪概念,由于其理论基础存在争议,都不可能揭示犯罪的本质.二元的犯罪概念在方法论上存在弊端;在实践论上会导致犯罪概念的四分五裂、支离破碎.对犯罪概念的理解,要顾及实然的犯罪与应然的犯罪,过去的犯罪与现在的犯罪以及将来的犯罪,从经验和直觉的角度,犯罪是应当受刑罚惩罚的行为.

About the Rational Concept of Crime: Crime Is the Act of Deserved Punishment

The dominated theory proposes that crime is the act of violation of criminal law,severe social harmfulness and deserved punishment,and that severe social harmfulness is the essential character of crime.But this concept of crime that unites the form with the substance is fantasy.The concept of crime in form or in substance is concluded from form or substance rationalism respectively.Because the theory it is based on is controversial,the concept of crime can't summarize the essence of crime.The dual concept of crime has drawbacks in methodology and makes the concept of crime disintegrated in practice.The interpretation of it should involve in crime what it is and what it ought to be and crime in the past,at present and in the future.Crime is the act of deserved punishment from experience and intuition.