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犯罪是刑法学的一个基本范畴。犯罪之定义,既反映对犯罪本质的认识,亦关涉犯罪范围的界定。在中国刑法学研究领域,犯罪定义从未引起过大的争论,似乎是一个早已解决的问题。但随着当代中国追求刑事法治的发展进程,在探讨许多重大刑事法律问题及相关法律问题的解决之道时,往往殊途同归地指向和引发对犯罪定义的再思考。首先,在实体法领域涉及刑法与治安行政法的界分与衔接问题。中国刑法及司法解释对犯罪行为的独具特色的界定,通常包含质(社会危害性)与量(犯罪数额、数量、危害程度)双重要
Crime is a basic category of criminal law. The definition of crime reflects not only the understanding of the essence of crime, but also the definition of the scope of crime. In the field of Chinese criminal law research, the definition of crime has never caused too much controversy and seems to be an already settled issue. However, with contemporary China pursuing the development of criminal law and rule of law, when discussing solutions to many major criminal law issues and related legal issues, they often point to and lead to rethinking the definition of crime. First of all, in the area of substantive law, it deals with the division and connection between the criminal law and administrative law. Chinese criminal law and judicial interpretation of the unique definition of criminal behavior, usually contains a qualitative (social harm) and the amount of (crime amount, quantity, degree of harm) dual important