The core elements of the constituent elements of crime

Criminal constituent elements are the legal requirements of certain behavior, result and fault relationship. Its core elements include the subject, object, behavior, purpose and consequences of the crime.

The constituent elements of a crime are those stipulated in the criminal law, which must be satisfied at the same time for the crime to be established. It consists of five elements, namely, the subject of the crime, the object, the behavior, the purpose and the consequences. The subject of the crime is the person who commits the criminal act, including natural persons, legal persons and other organizations. The object of the crime is the person, property, social management order and other objects that are violated by the criminal act. Criminal behavior refers to the violation of legal provisions, the implementation of a specific action or accident, rather than a simple state or ideological tendency. The purpose of the crime refers to the intention and purpose at the time of committing the criminal act, and is also one of the important factors in determining the nature of the crime. Finally, the consequence of the crime refers to the consequences and effects of the criminal act. In the constituent elements of a crime, the five elements are inextricably linked. Only when these five elements are satisfied at the same time can the criminal act be found to be established.

How do the elements of crime apply to judicial practice? In judicial practice, it is necessary to judge and apply according to the specific circumstances of the case. For example, in determining whether a criminal act is established, factors such as the ability, quality and motivation of the subject of the crime are taken into account. In determining the consequences of a crime, factors such as the collateral nature of the consequences and the causal relationship are also taken into account. Judgment in judicial practice needs to be based on facts and legal provisions as a guideline to avoid subjective assumptions and personal bias.

The elements of a crime are the criteria for determining whether a criminal act is established or not, and its core elements include the subject, object, behavior, purpose and consequences of the crime. Judgment in judicial practice needs to be based on the facts, to the provisions of the law as a guideline, and take into full account a variety of factors, to avoid subjective assumptions and personal bias, in order to maintain the principle of judicial fairness and appropriate punishment of crime.

Legal basis:

Article 1 of the Criminal Law of the People's Republic of China **** and the State In order to punish crime and protect the people, the annihilation of the Constitution, combined with the specific experience of China's fight against crime and the actual situation, the formulation of this law.