Traditional Culture Encyclopedia - Traditional customs - The difference between the subject of the crime, the subjective aspect of the crime, the object of the crime, the objective aspect of the crime
The difference between the subject of the crime, the subjective aspect of the crime, the object of the crime, the objective aspect of the crime
1, the subject of the crime
The subject of the crime, refers to the implementation of the behavior of harm to society, according to the law should be criminally liable natural persons and units.
2, the subjective aspect of the crime
The subjective aspect of the crime, refers to the subject of the crime of their own behavior and its results of the harm to society held the psychological attitude. It includes guilt (i.e., criminal intent or criminal negligence) and the purpose and motive of the crime.
3, the objective aspects of the crime
The objective aspects of the crime, refers to the provisions of the criminal law, the behavior of the social relations protected by the criminal law caused by the infringement of the objective external factual characteristics of the crime, is to constitute a crime must have the elements. The elements of the objective aspect of the crime are the harmful act, the harmful result, and the time, place, method (means) and object of the act.
4, the object of the crime
The object of the crime refers to the criminal law of our country to protect, for the criminal behavior of the social relations. Social relations are people in the production and **** with the life of the formation of the mutual celebration between people, including material relations and ideological relations.
Interrelationship:
Subjective aspect is the subjective awareness of the criminal suspect on the results of the crime or the pursuit of the psychological state, such as the purpose of the crime, the motive for the crime, the subjective aspect is divided into two categories of intentional and negligence.... The subject is a crime requires the perpetrator must have certain qualifications, such as rape, the subject can only be male.
Objective aspects, is the actual performance of the crime can be judged by the outside world. Mostly refers to the criminal behavior or the results of the crime, and sometimes the time and place of the crime. The object is the crime destroyed or violated by the social relations protected by law.
Expanded Information
The elements of a crime illustrate, from different perspectives, the substantive content of the act's invasiveness of the interests of the law and the culpability of the perpetrator. If an element does not have this substance, it cannot be prescribed as a constituent element of a crime by the criminal law.
The constituent elements of a crime are a legal requirement, not a concrete fact. The original theory of constituent elements used to refer to the fact of meeting a legal constituent element as a specific constituent element, but today's criminal law theory generally believes that this designation confuses legal norms with specific facts. The following references to specific elements or concrete constituent elements of a crime are to legal norms, not concrete facts.
Criminal composition consists of a series of subjective and objective elements, of which the "elements" are the conditions necessary to constitute a crime (elements of crime); each element contains a number of factors (elements of crime). In short, a number of factors make up an element, and a number of elements form a criminal composition. Criminal composition is not a simple addition of the elements, but the organic unity of the elements; the elements in accordance with the requirements of the criminal composition of the interconnection, interaction, coordination and harmonization, formed into a whole.
It is worth noting that due to the theory of our country for a long time undeveloped, some books on the criminal composition and elements of criminal composition and equal to use (that is, sometimes expressed is the criminal composition, in fact, refers to elements of criminal composition, sometimes expressed is the elements of criminal composition, in fact, refers to the criminal composition), some books on the expression of the criminal composition of the crime is essentially referred to the conditions of the crime establishment. In the reading of the book to pay attention to the context of the judgment.
Baidu Encyclopedia - Elements of Criminal Composition
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