Traditional Culture Encyclopedia - Traditional festivals - The difference between four elements and three levels of crime constitution
The difference between four elements and three levels of crime constitution
Three levels: 1, the appropriateness of the constitutive requirements: the constitutive requirements of the crime of theft. 2. Violation of the law: endangering the security of financial institutions. 3. Responsibility: it is in line with the illegal responsibility of theft. The four elements are: 1 and the subject of crime: the subject of theft. 2. Subjective aspect of crime: subjectively, there is intent to steal. 3. The objective aspect of crime: it objectively conforms to the result of theft. 4. Criminal object: It has caused serious consequences of theft. The constitution system of crime in continental law system is progressive at three levels. It consists of elements of legitimacy, illegality and responsibility. If an act is to constitute a crime, the actor must also be responsible, unless the act meets the constitutive requirements and is illegal. When judging whether an act constitutes a crime, the theory first judges whether the act conforms to the constitutive requirements of a crime (constitutive requirements are constitutive requirements conformity).
legal ground
Article 13 of the Criminal Law of People's Republic of China (PRC) stipulates that all acts that endanger the sovereignty, territorial integrity and security of the country, split the country, subvert the people's democratic dictatorship and the socialist system, disrupt the social and economic order, infringe on state-owned property or property collectively owned by the working people, infringe on citizens' private property, infringe on citizens' personal rights, democratic rights and other rights, and other acts that endanger society are crimes and should be punished according to law. however
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