Crime is a whole concept, and how to identify crime needs to be clear about which parts it should consist of. And the part that constitutes a crime is the constituent element. If all the constitutive requirements are established, then the crime is also established.
Relative to crime, constitutive elements are a partial concept, but relative to constitutive elements, constitutive elements are a whole concept, because all constitutive elements combine to form constitutive elements.
In other words, the scope of the concept of crime includes constituent elements, and the scope of the concept of constituent elements includes constituent elements. On the contrary, the combination of constituent elements constitutes a constituent element, and the combination of constituent elements constitutes a crime.
According to the two-level theory, the entity of crime is illegality and responsibility. Then according to this theory, judging a crime is an important element to judge illegality and responsibility. If the two are unified, one charge can be identified.
The first step is to judge the constitutive elements of illegality, and analyze the constitutive elements of illegality, such as subject, behavior, special identity, result, justifiable defense, emergency avoidance, victim's commitment, duty behavior and so on. If the conclusion drawn from the analysis of these illegal elements is that the harmful result caused by the actor's behavior conforms to the provisions of the corresponding specific provisions of the criminal law, and there is no obstacle to illegality, it should be considered illegal.
The second step, the judgment of the constitutive elements of responsibility is the need to judge the constitutive elements of responsibility, and analyze the constitutive elements of responsibility such as the subjective mentality, age and mental state of the actor. If through the analysis of these constitutive elements of responsibility, it is concluded that the harmful result of the actor is intentional or negligent mentality, and the age reaches the age of criminal responsibility and the mental state is normal, then the actor can be held responsible for his own behavior, in other words, he is responsible.
After judging the elements of illegality and responsibility, if they are consistent and established, it can be concluded that the actor's behavior violated the criminal law and constituted a crime.
The above is my personal opinion.