earticle

영어

With the trend that increasingly numbers of the theories from Germany and Japan have been introduced to us, Dualism gradually turn to be a controversial issue, in which the debate between “Erfolgsunwert” and “Handlungsunwert” is the highlight. The debate has almost reached the bottom back in Germany and Japan, and more young scholars has turned into researching the real cases and discover the general image of the Criminal Law. However, our domestic scholars are still having an intense argument about it. “Handlungsunwert” has been criticized a lot recently, but in fact the “Erfolgsunwert” theory has its own drawbacks, especially of its methodology, logic and the core concept. Therefore the former theory is theoretically reasonable despite of the deficiencies of it. Insofar as the traditional “Handlungsunwert”, the internal logic is seemed to be quite a chaos. Actually the two standards are accessed to the different parts of the “elements of a crime” and you can give order to them while adding a third standard called the third dimension of the Dualism. At the same time this new methodology can change the conventional style of researching. And we can promote the interactions between the criminal law and the facts of a crime.