Study On The System Of Criminal Composition

In this essay, author hackled the theory in the three law systems, compared the structure modes and their concrete content, analyzed their each character, good and bad points, considered our current system, learned from others' good qualities, reconstructed our composition system, and formed a new double-deck system. The whole essay was divided into seven parts as follows: Part 1, Introduction. This part introduced briefly the research purpose, the method and meaning. Part 2, Prerequisite that must be preserved: Replace " constitution of crime "with "the system of criminal composition". This part pointed out " constitution of crime" content means different under each law department, it is easy to cause confusion of concept .So the article used "the system of criminal composition" to express the organic system of constitution of crime. Part 3, The historical evolution of the system theory of criminal composition. This part investigated the developing process history of the early theory, modern capitalist nation's theory and our socialist nation's theory. Part 4, The comparative research of the three kinds of criminal composition system. This part described the basic content and character of continent law department, Great Britain American law department and Soviet Union and our country's criminal composition system at first, then compared the difference of the three systems and made a brief appraisal. Part 5, Thinking about the defect of our nation's system of criminal composition. This part analyzed the defect in views, internal structure and choosing important document. Part 6, Reconstructing our system of criminal composition. This part put forward to set up boldly a new system which includes positive important document and passive important document in our country, explained the concrete content that every important document includes in detail, and analyzed the meaning of the new system. Part 7, Conclusion. This part summarized the full text, and proposed establishing the theory not to be restricted to a narrow confine, and should explore constantly, in order to enrich it scientifically, meet demands of administration of justice.