The Reflection And Reconstruction Of The Theoretical System Of Crime In China

Crime constitution theory is the cornerstone of the criminal law theory, the core, the soul, but, based on the theory of criminal law system to build molding square. Crime in our country the theory phenomenon this belongs to "exotic", through long-term practice research, at present our country has formed the four elements of crime constitution theory system, but this theory system has many defects. Based on the theory of the crime in the world today were reviewed and compared the crime of three law (established) theory based on the advantages and disadvantages, into the criminal elements of crime object, the illegal resistance among concepts by and expected possibility but sex crime constitution, introduced to the continental law system and common law from the advanced theory, establishes the suited to China's conditions of double levels to crime constitution mode. In order to better able to reflect the crime human rights protection function and play the impartiality of the criminal law itself is with the austerity of value.This article except preface and epilogue outside, is divided into three parts:The first part: crime constitution theory system overview. First of all, this section examines the theoretical system of the crime history evolution; Secondly, this part of the concept of crime and its requirements described;Finally, this part of the three law respectively (established) crime constitution of theoretical system of basic content and features be discussed and made a brief comparison.The second part: China reflection of crime theory system. First of all, this part of the current our country criminal law educational world crime constitution theory system facing criticism and questioned institute, the classification can be roughly divided into "transformation theory" and "transplant theory", are reviewed; Secondly, this part of three civilian in crime (established) theory system, on the basis of comparison of the crime of China's theoretical system, and points out that real thinking defects and the insufficient place be analysed and summarized.The third part: crime constitution theory system in the reconstruction. First of all, this part in China are expounded of crime constitution theory system reconstruction should abide by the theoretical basis and the principle; Secondly, this part of model continental law system and common law in China advanced theory and combining with the specific conditions in China, boldly proposed the reconstruction of the crime constitution theory system, establish a set of assumptions include positive elements and its negative elements of double levels of three-dimensional crime constitution model, to replace the current traditional crime constitution theory system, and analyzes the constitution of crime to reconstruct the theoretical system of the great significance.