Traditional Culture Encyclopedia - Traditional culture - Advantages and disadvantages of the theory of four elements crime constitution
Advantages and disadvantages of the theory of four elements crime constitution
The theory of four elements of crime constitution is a theory of crime constitution which is generally applicable to criminal law. It means that the four elements of subject, object, behavior and result work together to form a crime. Its advantages are mainly manifested in the following aspects: First, it is simple and clear: the theory of four elements of crime makes the constitutive elements of crime easy to understand, and it can be mastered without too much legal professional knowledge, which is very friendly to beginners of criminal law. Second, it is practical: the theory of four elements of crime has a wide range of applications, which can handle most criminal cases, play its due role and make judicial decisions more just. However, the theory of four elements of crime may not be applicable in dealing with some special cases. For example, some new crimes and increasing cyber crimes may not have clear objects, subjects and behaviors, and it may be difficult to use the theory of four elements of crime.
Does the theory of four elements of crime apply to all countries? The theory of four elements of crime constitution is a theory of crime constitution which is generally applicable to criminal law. Although different countries have different criminal law systems, their basic principles are usually the same. Therefore, the theory of four elements crime constitution can be applied to the criminal law system of most countries.
The theory of four-element crime constitution is one of the important theories of criminal law, which is widely used in the field of criminal law because of its simplicity and practicality. Of course, we should also realize that this theory may have some limitations in dealing with some special situations.
Legal basis:
Article 12 of the Criminal Law of People's Republic of China (PRC) consists of subject, object, behavior and result.
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