The relationship between the consistency of subject and object and the constitution of crime at three levels

(He Sen) Sun Ruihong, a professional criminal defense lawyer in Luoyang, replied as follows:

1, the principle of consistency between subject and object, I think it is a summary of the provisions of Article 16 of the Criminal Law, that is, judging whether a person constitutes a crime is nothing more than judging objective illegality and subjective responsibility. Only when the two are unified can the perpetrator be finally determined to constitute a crime. ,

2, but how to judge the objective illegality and subjective responsibility, it is necessary to use the three-level theory of crime constitution. First, judge the conformity of the constituent elements, then judge the objective illegality, and finally judge the subjective responsibility. Spread out in turn, interlocking. When the judgment in the third step is affirmative, it can be concluded that the behavior of the actor conforms to the principle of consistency between subject and object, which constitutes a crime.

3. Therefore, the theory of three levels of crime constitution aims to better prove the consistency of subject and object. The three-level theory of crime constitution is essentially the law of criminal procedure, which serves for the determination of crime.