| Theory of constitution of crimes originates from continental law system and it is the direct product of doctrine of a legally prescribed punishment for a specified crime. The important meaning of it lies in preventing abusing the nation's power and safeguarding human rights. The present theory of constitution of crimes of ours was introduced from former Soviet Union after it had been remade and there are some difference between it and the theory of continental system, therefore it is doubted and criticized by many scholars who think that the theory can't protect human rights and hope to introduce the pattern of continental law system to remake our theory. After studying the debates about value choice, constitutive requirements and functional realization of theory about constitution of crimes between continental law system and ours, the author try to explain that our theory is suitable for our culture and system of criminal law, and there exists the aim of protecting human rights whether in the theory itself or in practice Although there are some reasonable and referential viewpoints in continental law system, from the points of view of author, the critics don't notice the character of our cultural politics and criminal system, so their viewpoints can't shake the traditional "theory of Four Elements". The author suggest that we should stick to the present theory about constitution of crimes, absorb the notion and mechanism of continental system about protecting human rights in order to perfect our theory and adapt to the requirement of rule of law.
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