What are the four elements of criminal law?

First, there are more than 400 kinds of crimes in China's criminal law. From the analysis of constituent elements, every crime has four elements: the subject of crime, the subjective aspect of crime, the objective aspect of crime and the object of crime.

(1) The subject of the crime. Refers to a person who commits a crime. Every crime must have a subject, some crimes are committed by one person, the subject is one person, some crimes are committed by several people, and the subject is several people. According to the criminal law, a company, enterprise, institution, organ or group commits a crime, which constitutes a unit crime. Therefore, the unit can also become the subject of crime.

(2) Subjective aspects of crime. It refers to the psychological state of the criminal subject's criminal behavior and its results. There are two kinds of subjective psychological state of crime, namely intention and negligence. For example, if you commit theft, the criminal wants to steal other people's property for himself; Commit the crime of intentional injury, and the offender hopes to cause damage to others' bodies.

Some crimes are negligent crimes, such as the crime of fire, and the offender has a negligent psychological state. When the unit constitutes a crime, the person responsible for the unit crime also has a subjective psychological state.

(3) The objective aspect of crime. Refers to the concrete manifestation of criminal behavior. For example, fraud, fabricating facts to deceive others, drug trafficking, drug trafficking and so on.

(4) the object of crime. Refers to the social relations protected by criminal law and infringed by criminal acts. The criminal object is different from the criminal object. The object of crime is the object directly targeted by criminal acts, such as murder and injury. The object of crime is a specific victim, and the object of crime refers to the social relationship that citizens' personal rights protected by criminal law are not illegally violated.

Extended data:

Criminal law is a law that stipulates crime, criminal responsibility and punishment. In order to safeguard its political rule and economic interests of all classes, the ruling class stipulates what acts are crimes, what criminal responsibilities should be borne and what criminal penalties should be given to criminal suspects according to its own will.

Criminal law can be divided into broad sense and narrow sense. The criminal law in a broad sense is the general name of all criminal legal norms, while the criminal law in a narrow sense only refers to the criminal code, that is, China's People's Republic of China (PRC) Criminal Law. Associated with broad criminal law and narrow criminal law, criminal law can also be divided into general criminal law and special criminal law.

Ordinary criminal law refers to the criminal law with universal use effect, in fact, it refers to the criminal code. Special criminal law refers to the criminal law that only applies to a specific person, a specific time, a specific place and a specific event (crime). In China, it is also called single criminal law and subsidiary criminal law.

2065438+On August 29th, 2005, the 16th session of the 12th the National People's Congress Standing Committee (NPCSC) voted to pass the amendment to the Criminal Law (IX). The revised criminal law came into effect on 20 15 1 1. This is also the ninth amendment to the criminal law after the comprehensive revision of the criminal law of 1997.

Criminal law is a law that stipulates crime, criminal responsibility and punishment. Specifically, it is also a law that stipulates which acts are crimes, should bear criminal responsibility, and give criminal suspects criminal punishment. Criminal law can be divided into broad sense and narrow sense. Criminal law in a broad sense refers to the sum of all legal norms that stipulate crime, criminal responsibility and punishment.

The criminal law in a broad sense not only refers to the criminal code, but also includes decisions or supplementary provisions to amend and supplement some contents of the criminal code, such as the Decision on Punishing Crimes of Foreign Exchange Fraud, Foreign Exchange Evasion and Illegal Trading adopted by the National People's Congress Standing Committee (NPCSC) on February 29th1998;

It also includes criminal liability clauses in non-criminal law. For example,1Chapter 11 of People's Republic of China (PRC) Securities Law passed by the National People's Congress Standing Committee (NPCSC) on February 29th, 1998 stipulates that "if a crime is constituted, criminal responsibility shall be investigated according to law".

In addition, there are provisions that "the staff of securities supervision and administration institutions engaged in insider trading shall be severely punished" and "those who obstruct the securities supervision and administration institutions from exercising their supervision and inspection functions according to law by violence or threats shall be investigated for criminal responsibility according to law".

Theoretically, the decision to make partial amendments or supplementary provisions to the criminal code is called a single criminal law; The criminal responsibility clause in non-criminal law is theoretically called subsidiary criminal law. Therefore, generalized criminal law consists of criminal code, independent criminal law and subsidiary criminal law.

The narrow criminal law only refers to the criminal code that systematically stipulates crime, criminal responsibility and punishment. In China, it refers to the Criminal Law of People's Republic of China (PRC) adopted by the Second Session of the Fifth National People's Congress in July 2007 1979 and revised by the Fifth Session of the Eighth National People's Congress in March 2007 1997.

References:

Baidu encyclopedia-criminal law