犯罪论体系本身不是目的,而是服务于刑事法律实践而存在的。三阶层与四要件两种犯罪论体系在构造上的差别主要体现为对犯罪要素的排列组合方法不同,二者并无太大实质差异。理论与实务存在距离,在理论上同时承认两种犯罪论体系,不会导致刑事司法实务的混乱。 The system of crime is not an end in itself, but exists in the service of criminal law practice. The structural differences between the three crime hierarchies and the four elements are mainly reflected in the fact that the methods of permutation and combination of criminal elements are different, and there is not much difference between the two. There is a distance between theory and practice, and at the same time, admitting the two criminal theories in theory will not lead to confusion in criminal justice practice.