The Research On The Constitution Of A Crime And The Constitutive Elements Of A Crime

The theory of the constitution of a crime is the most part and parcel in the field of the fundamental theory of the criminal law. The concept and the theoretical framework of the constitution of a crime in the China derived from the theoretical model of the former Soviet Union in 50s of the 20th Century, there is a lot of defect in this traditional model of the constitution of a crime. There is a set of assertion model of crime that takes root in the brains of the judicial personnel in the field of the criminal judicial practice of the China, the differentiate and analyze on the system of the theory of crime base on practice in the more wider point of view, thereby, integrate theory with practice, to explore the assertion model of crime applying practical methods and procedures. This has significant practical significance on knowing the theory of the constitution of a crime of the Chinese judicial practice as the same time keeping a foothold on national conditions.There are six parts in this thesis. Firstly, in the foreword of this thesis, I analyzed the status quo of the Chinese constitution of a crime and the contradictions on applying the constitution of a crime in judicial practice and theory circle. Follow, I discussed the concept and evolution of the constitution of a crime in the first part of this thesis. I looked for misunderstanding on comprehension of concept through analyzing the concept and evolution of the constitution of a crime. Soon afterwards, I searched conjunction point of the parts of the constitution of a crime in judicial practice by analyzing and discussing on the theory of the constitution of a crime of two genealogies of law in the second part of this thesis. In the third part of this thesis, I further analyzed the current model of the Chinese constitution of a crime and it's existential defect, consequently, I obtained method and measure of changing defect by analyzing the defect of the Chinese constitution of a crime. In the fourth part of this thesis, I explored the constitution mode by which the penal judges hold the commission of a crime, based on judicial practice by aforementioned comparison and analyze and combining the fixed model of criminal assertion in the Chinese judicial practice. Finally, in the conclusion of this thesis, I summarized three important document of the constitution of a crime that is, typical fact important document, criminal illegality, illegal obstruct based on guilty assertion of judges in the judicial practice.