On the choice of crime constitution mode and the perfection of the theory of four elements in China

On the choice of China's crime constitution mode and the perfection of the theory of four elements: endangering national sovereignty, territorial integrity and security, splitting the country, subverting the people's democratic dictatorship and overthrowing the socialist system, disturbing the social and economic order, infringing on state-owned property or property collectively owned by working people, infringing on citizens' personal rights, democratic rights and other rights, and other acts endangering society are all crimes, but the circumstances are obvious.

First of all, the four elements of crime are as follows

(a) the objective elements are socialist social relations protected by criminal law and infringed by crime;

(2) The objective elements refer to the concrete manifestations of criminal acts;

(3) Subject elements refer to those who commit criminal acts, including natural persons or units;

(4) Subjective elements, the psychological state of the criminal subject and its results, including intention or negligence.

Second, the perfection of the specific elements of the new "constitutive elements"

What needs to be emphasized is that in the process of building a new crime constitution model, we must adhere to the principle of openness and actively absorb the advanced achievements of the three-tier model. In addition to the basic elements of object and subject, it is particularly necessary to absorb the advanced elements in the three-tier model of German and Japanese criminal law in the following two elements:

(1) partial perfection of objective elements

Perfection of the first causal theory. The traditional criminal law theory in China has defects in the theoretical research of causality, and the research method of dividing causality into inevitable causality and accidental causality also has major defects. Causality, necessity and contingency are two basic categories of dialectics. Explaining another pair of categories with one pair of categories is not only unclear in theory, but also has no judicial applicability. Causality theory in German and Japanese criminal law theory should be introduced. Secondly, introduce the theory of objective imputation.

(2) partial perfection of subjective elements

First, draw lessons from the permitted danger, danger distribution and trust principle in German and Japanese criminal law theory, and appropriately limit the punishment scope of negligence. Secondly, learn from the theory of expectation possibility in German and Japanese criminal law theory.