What are the constitutive requirements of a criminal case?

To constitute any crime, there must be the subject, subjective aspect, objective aspect and object of the crime.

In China, the traditional and still dominant view of criminal law is the theory of four elements. In other words, to constitute any crime, there must be four elements: subject, subjective aspect, objective aspect and object.

However, many scholars have raised objections to the traditional four-element system and tried to revise it from different angles and aspects. That is, there are two elements, three elements and five elements.

Extended data:

The constitutive requirements of the subject of a crime can also be divided into two levels: * * identical requirements and special identity requirements, and the significance of a specific identity to some crimes cannot be denied just because it does not have universal significance.

The subject of a crime cannot be included in the subjective elements of a crime. For example, if the perpetrator has committed theft for many times when he is over 14 years old but under 16 years old, the perpetrator may completely meet the intentional subjective characteristics of theft. At this time, if you don't consider the main elements, you can't distinguish between crime and non-crime.

Special subject identity cannot be included in the subjective aspect. For example, whether it belongs to state staff or not is the boundary between the crime of misappropriating public funds and the crime of misappropriating funds. If only the subjective aspect of the actor is considered, it is impossible to distinguish the boundary between the two crimes.

China court network-should not shake the theory of crime constitution