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我国犯罪构成理论是从前苏联引进的,由四要件组成,追求主客观统一。虽然我国目前通说的犯罪构成理论一直适用于我国的司法实践;但是也存在着很大的问题。因此,我国学者一直都为改善我国犯罪构成理论而努力,目前比较流行的观点是,借鉴德日刑法犯罪构成理论违法和有责相统一的观点,取代我国犯罪构成理论主观与客观相统一观点。
The constitution of crime in our country was introduced from the former Soviet Union and consists of four elements, pursuing the unity of subjectivity and objectivity. Although the theory of constitution of crime in our country nowadays has always been applicable to the judicial practice in our country, there are still some big problems. Therefore, scholars all over the world have been working hard to improve the theory of constitution of our country. At present, the more popular view is that borrowing the criminal law of Germany and Japan constitutes the unification of the theory of law and duty and replacing the view of the unity of the subjective and the objective of the constitution of crime in our country.