The basic structure of constitutive elements in our country
Abstract
The constitutive elements is the core of the criminal law theory , after several hundred years of development,gradually formed a series of theoretical systems. Our theory is a succession of the former Soviet Union's theory. With the development of theory of criminal law and progressment social , the traditional four elements constitute increasingly exposed the shortcomings of the four elements , there are series of defects, and even some contradictions can not overcome . For this reason many Chinese scholars on the traditional theory of the four elements of the system's research and criticism, and put forward their own theories constitute a valuable crime,such as the two elements theory , the three elements theory ,the four elements theory ,the five elements theory and so on, Although these theories and viewpoints made a critical and amendment from different angles on the four traditional elements of a crime, but not substantive breakthrough, only re-arranged, merger and combination . Practice has proved that only carring out rectification to the four traditional elements of a crime is difficult to go out of the theoretical study plight . the progressive civil-crime pose a theoretical system through several hundred years of development has been relatively complete, we should boldly reference its theoretical results, combine with China's actual situation, and find out of a suitable form . The idea posed by the three levels,as confkrmity of constitutive elements, illegality and liability.The three elements shows a progressive layers of the logic of the process. Among them, confkrmity of constitutive elements is a fact that judgement, it is not a illegality judgement and liability to judge the premise. That judgement is not, naturally does not matter the illegality judgement and liability judgement. Only the facts can be judged on the basis of continued illegality and liability of judgement, the relationship is very clear between the three elements. the process of the three elements also creates the process of recognition of crime, the three elements of the fixed-band, reflects the conviction of the judicial logic. At the same time three elements have their respective functions, confkrmity of constitutive elements as a judgement of fact, a crime that determine a basic fact that the illegality as a legal judgement, will be excluded from the law negates the subject of crime; has the liability act a judgement of responsibility, to resolve the issue of attribution can be. Elements of the three functions can not be replaced. This rigorous logic and practicality of a crime is our required.
Key words: the Object of Crime，the Subject of Crime，Confkrmity of Constitutive Elements，Illegality，Liability
