The Pluralism Of The Theory Of Crime Constitution

Theory of crime constitution and crime constitution are different concepts. The theory of crime constitution is plural, but this kind of pluralism has special standard. In the aspect of norm and facts ,we consider that the category of norm includes crime constitution. Though the relationship of fact, crime constitution , the theory of crime constitution and criminal facts, we can find the essence and object of the theory of crime constitution: Two-sides Character of the theory of crime constitution. One side : the functions of the theory of crime constitution are as same as "Precondition" , "Behavior mode" of criminal law norm. Crime constitution solves the standard problem of the crime and serve for asserting the crime. It was the corresponding relation of norm and fact that was solved by crime constitution. This is only rational basis for its existing. The other side: In the form and content, crime constitution is different from criminal law norm. It has independent quality comparing with criminal law norm. Crime constitution is abstracted from criminal law norms, it is not the criminal law itself. That is to say: The unified in function, the pluralism of the form. Proposing the pluralism of the theory of constitutive elements of crime on this foundation, there should be its one's own evaluation criterion in this kind of pluralism: The first one is the standard of fact. We can't make the theory of constitutive elements of crime break away from reality or more complicated just for being logical and self-indulged. The second one is the standard of logic. The third one is the standard of society and history. Every kind of theory of constitutive elements of crime is chosen by history. Analyzing different theory of crimeconstitution in reality on this basis, we can prove the proposition of pluralism of the theory of crime constitution in further step. However, we need to pay attention to two kinds of misunderstanding in pluralism of the theory of crime constitution: 1. The pluralism does not mean overflowing. 2 .The pluralism is not equal to isolation.On the foundation of a series of analysis in the front, we should appraise to each main theory of crime constitution (the constitutive theory of crime constitution of the continental law system, the theory of crime constitution of Soviet Union and China, the "One pair of levels" theory of crime constitution of Britain-American law system). We can compare and review every theory from the inherent element and system: Comparison on the system frame; Appraisal on the subject of crime; Appraisal of the object of crime; Whether to take the fact of a crime as a whole; Relation with the limitation of penalty authority; An organic whole with the criminal procedure mechanism. We can conclude that theories of constitution of crime in China can solve the practical problem effectively (The problem about the joint between norm and fact). We can know the criminal essence of the behavior correctly and prove the establishment of the crime by China's theory of crime constitution, just as theories of constitution of crime in other countries. Meanwhile, our theory has own independent quality. It has unique character on logic: Opening logic structure, we can understand constitutive elements of crime scientifically only if we acknowledge the pluralism of the theory of crime constitution.