On The Reflection And Remodeling Of The Criminal Constituency Theory In China

The criminal constituency theory as the core of the theory of criminal law, but there are some imperfections in our country's criminal constituency theory. Our country's criminal constituency theory based on the theoretical study the status and the three legal systems'criminal constituency theory compared to the object into the concept of crime, the exclusion of a crime constitutes a system that negates the law negates the subject matter and expectable possibility into account, drawing on the mainland and Anglo-American Law theory, set up two double-decker model evaluation constitutes a crime, will be a useful attempt, with a view to constitute a crime to play a better human rights protection system functioning and demonstrates the value of the fairness of the criminal law.In addition to introductory and concluding remarks outside the text, The whole essay is divided into four parts as follows:Part I: an overview of the criminal constituency theory. This section distinguish the follow concepts: Criminal constitution, and the elements and the establishment of the crime ; Inspected the three legal systems of the criminal constitution (criminal composition) theory of evolution; expounded the theory of the five features of the criminal constitution.Part II: The status quo of the theoretical study of our criminal constitution. This part classify the criminal constitution in the academic circles of China's criminal law, the status of theoretical research carried out in order, can be broadly attributed to three modes, nine kinds of ideas, reflecting the Chinese scholars on the research results of this theoryPart III: The three legal systems'criminal constituency theory were discussed in this part. The content , characteristics and their advantages and disadvantages of the three legal systems'criminal constituency theory were briefly described.Part IV: The reflection and reconstruction of our criminal constituency theory. In this part, in comparing the three legal systems based on the theory posed by crime, constitutes a crime of our existing system of scientific content, structure reasonable, functional value upper reflection, and related defects of the Department on a reasonable location vision. On this basis, the author under the system of science, and out smooth nature of the crime of the mechanism, feasibility, and judicial practice fit and maneuverability of the remodeling principles, boldly put forward the theory of two-level criminal theory, constitutes a vision of the system detailed the specific content of its progressive significance.