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社会危害性是犯罪的本质特征,应该包括在犯罪概念的界定中,这一观点近年来受到刑法界一些学者的质疑与批判。其理由主要是因为社会危害性的三个特点:模糊性、分歧性和易变性,以及社会危害性与刑事违法性之间出现矛盾时,无法制定出相应的犯罪原则。虽然也有学者对此进行了反驳,但仍然没有在这一问题上达成共识。因此,正确解读社会危害性与刑事违法性的关系,对于统一人们的思想、维护法律的威严具有十分重要的意义。
Social harmfulness is the essential characteristic of crime and should be included in the definition of criminal concept. This viewpoint has been questioned and criticized by some scholars in criminal law field in recent years. The reason is mainly because of the three characteristics of social harmfulness: vagueness, disagreement and volatility, and the contradiction between social harmfulness and criminal illegality, the corresponding criminal principle can not be formulated. Although some scholars have also refuted this issue, no consensus has been reached on this issue. Therefore, to correctly interpret the relationship between social harmfulness and criminal illegality is of great significance for unifying people’s thinking and safeguarding the majesty of law.