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On the Crime Constitution Theory and Its Reform

Author: YuChenXu
Tutor: ZhangJianRong
School: China University of Political Science
Course: Legal
Keywords: Constitute a crime Crime and Punishment Positive elements Negative elements
CLC: D924.1
Type: Master's thesis
Year: 2011
Downloads: 172
Quote: 0
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Abstract


In China, Crime Constitution Theory is exotic . China's current crime constitution theory derived from the former Soviet Union, \to continuous improvement and development , and ultimately become the absolute dominance in our ranks through said. Constitute a crime in our traditional theory, constitute a crime is a crime that the conditions established , actions are consistent with the establishment of four elements constitute a crime crime , otherwise it would not constitute a crime . Be seen as a crime is established theories constitute a crime , criminal law theory system naturally occupies a central position . However, China's traditional theory of crime constitution is invulnerable ? It is compared with foreign criminal law theory has an advantage ? Such questions worthy of our in-depth study . Therefore, this article will take a historical perspective on the longitudinal analysis , the different legal systems of the comparison between the horizontal and combine theory and practice to summarize , confirms deduced this point of view. This paper focuses on the theory of traditional crimes constitute the logical structure of the judicial practice on issues such as a more in-depth analysis , the conclusion is a traditional Chinese theory of crime constitution currently there are still many inadequacies and shortcomings. Of course , criticism is not the purpose , aims to transform and improve . By the author of China's traditional theory of crime constitution and civil law , common law offenses established in theory be compared and analyzed , and adhere to the law practice interoperability, security and law substantive law logical thoroughness of these three values orientation as a precondition , which constitute a crime that China's traditional theory continue to adhere to the basic mode of worth , that adhere to the following four principles : First, the concept of crime should constitute a crime of specific crime constitutes a comprehensive evaluation of all elements of society should be harmfulness ; Second , constitute a crime should be the sole criterion for conviction , constitute a crime and crime is the same concept should be established ; thirdly, its elements constitute a crime shall be stipulated by the criminal Code and thus become an integral part of the establishment of criminal statutory factors ; Fourth, each constitute a crime shall be objective and subjective elements combine whole. In constitute a crime against our traditional theory of transformation, should also be rationally choose and use civil law and common law countries of criminal law relating to the concept of crime . At the same time , I believe that should adhere to the \That is after the transformation constitution of crimes should be positive and negative Elements Elements of two layers: the first level is active constituent elements , or incriminate constituent elements , including the objective aspect of crime and crime subjective ; the second level is negative constituent elements , or the constituent elements of the crime , that are responsible for criminal sexual conduct aspects of considerations, including the subject of crime and illegal negates criminal responsibility .

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
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