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A Structural Study on Constitution of Crime

Author: XuDaYong
Tutor: LiZuoChang
School: Henan University
Course: Criminal Law
Keywords: Structure of crime constitution Constitute a crime legislation Judicial constitute a crime
CLC: D914
Type: Master's thesis
Year: 2003
Downloads: 519
Quote: 2
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Abstract


Crime constitutes the heart and soul of the commission of a crime, the main purpose of its established Legality specific specifications and model is also set up for the specific operations of the legislative and judicial. Either civil law or socialist countries constitute a crime system are always the most important theoretical research. Constitute a system of civil law countries and socialist countries constitute a system very different, and this difference is mainly reflected in the crime constitutes the structure and content being. Constitute research and development of the theory of the crime, the two systems have their own characteristics. By contrast, China's crime constitutes architecture there are many problems, the existence of these problems so that the existing system of constitution of difficult requirements consistent with the law and the specific operation of the legislative and judicial thinking, thus restricting China to some extent the development of the theory of criminal law and the reasonable operation of the legislative, judicial. Author by the theory of the formation process of common law, civil law system, the socialist National Crime combing compare three constitute a system structure model and the specific content, summarize and draw on our existing theory of crime constitution results different to solve the problem of the distinction between legislative and judicial, legislative and judicial foundation for the establishment of a different basis and their respective differences in the laws of thinking on crime on the establishment of a legislative structure constitute a crime in the two-level judicial crime constitutes mode. The three aspects of the object, the main constituent elements should be included in the legislation on the crime constitutes three content is presented in accordance with the object - the main - form of constituent elements into logical structure, the establishment of the system is based on the legislation will be a type of conduct included in the criminal law being set up the offense and the angle of thinking. I believe that the object should exist as among the necessary elements of legislation on crime constitutes crime constitutes the legislative status and legislative requirements need to be political behavior evaluation inseparable. Reflect the specific object of this social relationship is the object of the object, and the object of the object and the behavior of the two existing connections and differences between the concept. The main crimes constitute the second level of the system as a legislative exist, should be the main crime constitute the contents of the system as a legislative, the specific content of the subject including general subjects and special body two parts, and among the subjects of the principal eligibility and identity of the subject to do a strict distinction. Legislative lt; WP = gt; the crime constitutes system, the constituent elements exist as the content of the third level. Legislators make strictly limited to acts harmful to society and the perpetrators, the need to set up to evaluate the behavior of the objective and subjective aspects. Constituent elements, the author in accordance with the behavior patterns of the different constituent elements of discrete constituent elements as the basic constituent elements and correction. The basic constituent elements of the basic kind of behavior the establishment of the state, and to evaluate the behavior necessary elements and choose the elements of the establishment of objective and subjective aspects of behavior. In addition, I will be excluded from criminal sex content into constituent elements, as one into the crime of content as opposed to the content exists, give full play to the functionality of legislative crime constitutes, I believe that this constitutes our traditional system these a content rule out a reasonable solution to problems outside the system. Correction constituent elements, the author of the special kind of state behavior as its main content, morphology constitute common crime that is unfinished constitute together constitute the content of the amendments to the constituent elements. Constitute a system, different from the legislation on the judicial composition contains two aspects, namely - the constituent elements. This is based of Justice on whether to establish a measure of crime in a particular behavior, does not need the behavior of political evaluation requirements established. So I will be excluded from the judicial constitute the contents of objects that reflect the political evaluation. I believe that, whether to set up a specific behavior judicial crime, the establishment of the evaluation of what crime evaluation can only objective and subjective aspects of behavior specification, ordinance constituted on the basis of Justice. Therefore the establishment of a system of judicial constitute the main body, constitute the elements of the two parts of the content, but exclude the object outside of architecture in the judicial system of constitution in line with the laws of thinking on the judicial and specific operating procedures. Finally, I believe that the composition on the legislation on the composition of the system and the judicial system is both the connections and differences between the two architectures. The legislation constitutes constitute judicial sources, the premise and set up on the basis of legislation constitutes system play a guiding role for the specific use of the composition of the judiciary system. Constituted on the judicial system plays to promote the role of legislative crime constitute the architecture and functionality. The difference between the two is mainly reflected think the point, each reflects the difference functionally equivalent. Theory to study constitute a crime legislation on crime constitute a system and judicial system. Theory necessary to lt; WP = gt; make research on the the legislative crime constitutes the structure, content and other aspects, in order to better guide the improvement of legislation. The same time, the theory should make theoretical guidance for a specific use of the judicial crime, and then guide the judicial practice specific. In short, that the theoretical guidance to the legislative and judicial practice, and promote the practice of rationalization, legislative and judicial practice, in turn, also contributed to the depth theoretical study and perfect, which is I think the legislation constitute the crime and judicial crime constitutes and the relationship between the theory.

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CLC: > Political, legal > Legal > UNIVERSITY > Criminal law
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