First, discuss the theory of crime composition.
1. Concept
The so-called crime constitution refers to the social harm and degree that determines a specific behavior. It is the sum of all objective and subjective factors necessary for the behavior to constitute a crime.
2. Relevant requirements
(1) Various elements of the crime
Among the many factual characteristics, which ones can be regarded as the constituent elements of the crime? Selected by legislators and determined by criminal law. This also determines that when someone's behavior meets the elements of a crime stipulated in the criminal law, it means that he has violated the criminal law.
(2) Elements of crime
It refers to those factual characteristics that play a decisive role in the nature of the behavior and its social harm, and are the necessary conditions for the behavior to become a crime. In other words, whether a certain factual feature can become an important component of a crime depends on an objective standard, that is, it is indispensable for determining the nature of the behavior and its social harm, and whether the behavior constitutes a crime.
(3) The constitution of a crime is the sum of a series of subjective and objective factors.
Any crime includes a series of elements, the sum of which constitutes the criminal makeup of a certain crime.
3. Theoretical exploration
(1) Three-level theory
The criminal composition system of the civil law system is three-level progressive. It consists of legitimacy, illegality and responsibility components. For an act to constitute a crime, the perpetrator must also be held responsible, unless the act meets the constitutive requirements and is illegal.
(2) Two-class theory
The two stages of crime mainly refer to the subjective and objective aspects of crime. Only when the behavior of society or individuals objectively constitutes a crime, the law will punish the subjective parties. During the case handling process, the case handling agency should actively investigate the case. Only when the evidence in the case is conclusive can the criminal circumstances of the case be determined.
(3) Traditional Chinese theory of crime composition-the theory of four elements.
According to the provisions of the "Criminal Law of the People's Republic of China", determining the social harm and degree of a specific act is to organically unify all the objective elements and subjective elements necessary for the act to constitute a crime, so that the perpetrator can basis for criminal liability. The establishment of any crime must have four elements, namely the subject of the crime, the subjective aspects of the crime, the object of the crime and the objective aspects of the crime.
2. Four elements of criminal crimes
1. Every crime stipulated in our country’s criminal law has four elements, namely, the subject of the crime, the subjective aspect of the crime, the objective aspect of the crime and the crime. Object:
(1) Criminal subject. Refers to a person who commits a criminal act. Every crime must have a subject. Some crimes are committed by one person and the subject is one person. Some crimes are committed by several people and the subject is several people. According to the provisions of the criminal law, any crime committed by a company, enterprise, institution, agency, or group constitutes a unit crime, so a unit can also become the subject of the crime;
(2) The subjective aspect of the crime. It refers to the psychological state of the criminal subject when he commits the crime and its consequences. There are two subjective mental states of crime, namely intentionality and negligence. For example, if you commit the crime of theft, the criminal wants to steal other people's property as his own; if you commit the crime of intentional injury, the criminal wants to cause physical damage to others. Some crimes are crimes of negligence, such as fire crimes, and the offender has a negligent state of mind. When the unit commits a crime, the person responsible for the unit's crime also has a subjective mental state;
(3) The objective aspect of the crime. Refers to the specific manifestation of criminal behavior. For example, in the crime of fraud, the offender fabricates facts and deceives others, and in the crime of drug trafficking, the criminal commits the crime of selling drugs.
(4) The object of the crime. It refers to social relationships protected by criminal law and violated by criminal acts. The object of crime is different from the object of crime. The object of crime is the object directly targeted by the crime, such as murder, injury, etc. The object of crime is a specific victim, and the object of crime refers to the social relationship in which citizens' personal rights protected by criminal law are not illegally infringed.
2. Legal basis: Article 13 of the "Criminal Law"
The concept of crime refers to all acts that endanger national sovereignty, territorial integrity and security, acts that split the country, and subvert the power of the people's democratic dictatorship and acts that overthrow the socialist system, undermine social and economic order, infringe upon state-owned property or property collectively owned by the working people, infringe upon citizens’ private property, infringe upon citizens’ personal rights, democratic rights and other rights, and other Behaviors that endanger society are all crimes that should be punished in accordance with the law, but if the circumstances are obviously minor, they are not considered crimes.
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