Elements of crime

The constituent elements of a crime are as follows:

1. The factual characteristics of determining a specific crime as stipulated by law. Any crime is concrete, and its constituent elements are different. Theft is different from fraud, and intentional homicide is different from intentional injury, because they have specific elements stipulated by law.

2. The * * * identical elements of a criminal constitution refer to the elements that all criminal constitutions must have. Therefore, it is also called the necessary elements of a crime constitution: the same elements of a crime constitution are divided into behavioral elements and state elements; It is believed that the same elements of crime are subject, harmful behavior and object; The same elements of crime constitution should be the object, objective aspect, subject and subjective aspect of crime; It is considered that the same elements of crime are objective elements, subject elements and subjective elements.

3. The choice of constitutive elements of a crime refers to the elements that not every constitutive element of a crime but some constitutive elements of a crime must possess.

The legal classification of crimes is based on the relevant provisions of the Criminal Law. According to the nature of legal interests infringed by crimes, China's criminal law divides crimes into ten categories: crimes against national security, crimes against public security, crimes against the order of socialist market economy, crimes against citizens' personal rights and democratic rights, crimes against property, crimes against social management order, crimes against national defense interests, crimes of corruption and bribery, crimes of dereliction of duty, and crimes against military duties.

The concept of crime in Article 13 of the Criminal Law of People's Republic of China (PRC), all acts endangering national sovereignty, territorial integrity and security, secession, subversion of the people's democratic dictatorship and the socialist system, disruption of social and economic order, infringement of state-owned property or property collectively owned by working people, infringement of citizens' private property, infringement of citizens' personal rights, democratic rights and other rights, and other acts endangering society are all acts that should be punished according to law.