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The evolution and development of the theory of constitution of crime

Author: YeXiaoHua
Tutor: PeiGuangChuan
School: China University of Political Science
Course: Criminal Law
Keywords: Crime Constitution Theory Evolution and Development Elements of the crime Constitute a system The establishment of the crime German, Italian and Japanese fascists Legal nihilism Reflection and Reconstruction Civil law Common law
CLC: D914
Type: Master's thesis
Year: 2003
Downloads: 482
Quote: 1
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Abstract


Countries has its own criminal law on the crime of the establishment of the theory of the conditions that constitute a crime. These theories, depending on the nature of the country, historical background, cultural traditions, legal systems so different. How to build a theory tact, the conditions for the constitution of crimes of national criminal law scholars have worked tirelessly to explore. I tried to explore the \In this thesis, in addition to the introduction and afterword, the body is divided into five chapters. The first chapter, \The development of the theory briefly. The second chapter, \Old School in the creation of the theory of crime constitution was the impact of the new breed of theory, particularly in the reign of terror of the German, Italian and Japanese fascists, the legal nihilism of the former Soviet Union from 1929 to 1936, China's \\Chapter constitute a crime doctrine prosperity and all-round development \Crime Constitution Theory. The fourth chapter \Brief comparative study of the former on the basis of the text, the representative of the constitution of crimes. Pointed out: the common elements of subjective and objective factors of the elements of the crime. Constitute a crime in civil law and common law countries, criminal law theory, showing an open structure, and the former Soviet Union, Russia and China on behalf of the constitution of crimes, crime constitutes showing a closed structure . Chapter 5, \Research path in the first quarter, philosophy, and discusses in detail the object of a crime should not be used as elements of the crime; In Section 2, the analysis of whether the subject of a crime can be used as elements of the crime; in the third quarter, our constitution of crimes the reconstruction of the theory put forward their views, think we should establish a completely establish the guilt of the meaning of Crime Constitution Theory, both from the positive elements and negative elements to demonstrate. It should be noted that, due to the objective elements and subjective elements is common in countries constitute a crime doctrine, In this article, I do not have this common elements discusses, but focuses on the controversial elements of the object and the main elements. In addition, because of the time, level, and other factors, I feel themselves constitute a crime and criminal proceedings discussed thorough enough. At this point, I would urge the tutor Yazheng, so that I can have a more profound understanding of theoretical issues constitute a crime.

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