摘要
任何犯罪论体系的建构均有其特定的哲理基础。德日刑法理论中,新古典犯罪论体系的提出深受新康德主义价值学派的影响。新古典犯罪论体系是对古典犯罪论体系的扬弃,该体系不再像古典体系那样一味强调"价值无涉"的体系构造,开始着眼于"价值关涉"的体系构造。新康德主义对新古典体系的影响集中表现在三个方面:规范的构成要件要素、超法规违法阻却事由和规范责任论。
Any crime theory system has its own specific philosophy basis. In the Germany and Japanese criminal law theory,new classical crime theory system was affected greatly by value school of Neo- Kantianism. New classical crime theory system is the development of the usefulness and discarding of the uselessness to the classical crime theory system. The new system did not only strengthen the systematic building of＂value free＂and began to keep an eye on the systematic building of＂value involved＂. The influences of Neo- Kantianism to new classical system are constitutive requirements of regulations,impediment of illegality outside law and theory of normative liability.
