China's criminal law constitutes a crime in the four elements

The four elements that constitute a crime in China's criminal law refers to: the four elements theory that the **** same elements of the criminal constitution shall be the object of the crime, the objective aspect, the main body, and the subjective aspect.

The four elements say is the traditional model of the theory of criminal constitution. Learned from the Soviet Union. Is a typical product of the socialist legal system. But as some scholars have pointed out: this theoretical model of criminal composition.

Although there are obsolete, mechanical and other unsatisfactory, but in China's judicial practice has had a more far-reaching impact, has a certain vitality.

1, explain a certain kind of crime jeopardizes what kind of interests of the elements, in criminal law is called the object of the crime. Crime always violates a certain interest.

The crime of intentional homicide infringes on the right to life, intentional injury infringes on the right to health, theft infringes on the ownership of public and private property, and so on and so forth.

The interests infringed upon by the crime are essentially the social relations protected by the criminal law, therefore, the object of the crime is the social relations protected by the criminal law which are infringed upon by the criminal behavior.

In criminal law, there is no crime that does not violate any social relations, therefore, the object of the crime is an indispensable element of any crime.

2, explains the crime is in what kind of objective conditions, with what kind of behavior, so that the object of what kind of harm to the elements, in criminal law called the objective aspects of crime.

The objective aspect of the crime first of all refers to the perpetrator of the harmful act, no harmful act, there is no crime. Secondly, it refers to the harmful results caused or likely to be caused by the harmful behavior.

No matter how complex the specific criminal behavior manifestation or the specific harmful result manifestation, they are indispensable factors of the criminal constitution.

3, the description of the crime is committed by what kind of person the elements, in criminal law called the subject of the crime. In judicial practice, a variety of specific crimes, although the subject of the situation varies greatly.

But as a natural person crime, its **** the same place must be to reach the age of criminal responsibility with the capacity for criminal responsibility. Unit crime, should also have certain qualifications of the subject.

4, the subjective psychological state of the subject of the crime when the elements of the crime, criminal law is called the subjective aspect of the crime. The subjective aspect of crime consists of two forms, namely, willfulness and negligence.

Every crime must have a certain form of subjective elements, the behavior of the perpetrator in the objective although the result of the damage caused, but not out of intention and negligence, then does not constitute a crime.

Expanded:

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The theory of the four elements of crime originated in the former Soviet Union, but the theory has been Chineseized, and is already a criminal law theory that reflects Chinese characteristics, and can no longer be regarded as a "stone from another mountain", but rather as a theoretical system that is highly compatible with China's realities and traditions.

It is not to be lightly said that it should be "abandoned", and the theory of criminal composition in China should be improved on the basis of the three major principles of "gradualism, comprehensive reference, systematic analysis and independent innovation".

It is pointed out that the theory of the three elements is based on Kant's philosophical idea of the dichotomy between fact and value, while the theory of the four elements of the criminal structure is derived from Hegel's dialectic of the unity of opposites, and later on, the Soviet criminal law scholars were based on Marx's materialistic dialectics.

The further development of it, and finally formed the object of the crime, the objective aspects of the crime, the subject of the crime and the subjective aspects of the crime of this stable structural form.

The different philosophical foundations have led to significant differences in the overall construction of the two sets of theoretical systems for judging the establishment of crime. From the philosophical basis of the construction of the two sets of theoretical systems, the four elements of the theory of criminal establishment is more in line with the mainstream of our country's thinking.

The four elements of the theory of criminal constitution and China's "unity of heaven and man" of the overall mode of thinking is more consistent. In judicial practice, the realization of the important task of human rights protection, the fundamental point does not lie in whether the use of the three-class or four-element theory, but in the construction of a rational judicial system.

Three Elements of Criminal Composition:

Three Elements of Criminal Composition holds that in order for an act to constitute a crime, in addition to the act conforming to the constituent elements and violating the law, the perpetrator must also be liable, which means that in order for an act to constitute a crime, it must conform to the conditions of three progressive combinations.

1, the crime constitutes the appropriateness.

Criminal constitution appropriateness, also known as the constituent elements of compliance, refers to the realization of the constituent elements, that is, the facts occurring with the criminal law provisions of the content to be consistent. Specifically the appropriateness of the subject of the act, the harmful act, the object of the crime, the harmful results, causality.

2, illegal.

Lawlessness requires that criminal behavior is not only in line with the elements of the act, and the essence of the law is not allowed, that is, it must be illegal behavior. The criterion of illegality lies in the presence or absence of illegal deterrent causes.

The illegality deterrent cause is the cause that excludes the illegality of the behavior that has the appropriateness. Illegal deterrent reasons generally include self-defense, emergency, act of law, the victim's promise and so on.

3, culpability.

Culpability refers to the ability to satisfy the conditions of appropriateness and illegality of the behavior of the perpetrator of the blame and condemnation. Whether culpability should be examined from the actor's capacity for criminal responsibility, criminal intent or negligence. In addition, culpability has two other deterrent causes, one is the awareness of illegality, and the other is the lack of expectation of possibility.

Baidu Encyclopedia - Elements of Criminal Composition