Constitutive Elements Of Crime And Relationship

Constitutive elements of a crime poses a theory pass that the four elements. However, different voices have been no off the hook. Some scholars believe that there are three conditions that constitute a crime should be. Some believe that the five elements. But information on changes in the elements of the controversy over the theory posed by crime, and there is not much sense. In fact, as the subject of disability, subjective intent, fault, objective behavior, and behavior point to the object, either three or five elements of the elements had not been omitted. Will therefore constitute the elements of crime as a criminal subject, subjective and objective aspects, objects, there is a positive significance.But the theory of constitution of crime does not constitute the core of the theory of a few elements of the problem, but the content of the element itself.The traditional theory of the constitution of crime, as the object of this super-standard elements of the existence of the other three elements have been made in the theoretical treatment of formalized. For example, the subjective aspect of crime is a form of the definition of. This simply can not resolve such issues as self-defense. While the subjective aspects of the definition of form, but in a lot of theories and case studies, the majority of scholars tend to a substantive explanation of.The objective aspect of crime constitutes a formalization more complete. Especially in advocating "criminal subjective" is the core of the theory, the objective aspects of a more formal and serious. Therefore, we put the object of a crime beyond the crime constituted after the change is still not formalized theory, composition theory, our crime rate will not be able to play its due role in.In civil law constitutes a theory of crime, consists of three aspects:constitutes compliance with criminal , illegality, responsibility. This theory is very sophisticated system of strict.The unity of form and substance. So a lot of legal theory, such as self-defense, looking forward to the possibility, in this theory is not difficult to solve. But in our situation is different. We also try to carry out such a change, but not copy the Civil Law.Is not in itself constitute the elements to set up several levels. Instead, a number of substantive content into the elements that constitute a crime to go into. For example, to re-examine the object of crime. Crime, the physical object is not purely external manifestations, but rather "behavior point to object" and "object state" the unity of. Moreover, this process will also constitute a crime, the link between the elements to be addressed during. For example, criminal acts and the objective unity of the object is bound to give substantive meaning of the objective behavior.The unity of subject and object of crime, subject of crime will also receive the new content of the main.Elements of the relationship between the crime is a positive relationship between the three pyramid. Criminal subject, objective aspect of crime, crime being the object at the bottom of the three vertices Pyramid. The subjective aspects of the crime is the official culmination of this three-dimensional graphics. This relationship is not a crime in itself constitute a structural form, but for convenience, we use this model to illustrate. As a crime, the subjective aspect, which is the perpetrator, the outside world is not easy to discovery. Therefore, in judicial practice, the determination of criminal subjective to a large extent dependent on the determination of the other three elements. Subject of crime, objective aspect of crime, target of a crime, in three aspects together, point to the subjective aspects of crime, therefore the subjective aspects of crime, set vertex. This is a macro-relationship. The micro level,is the relationship of subject of crime,objective aspect of crime and target of a crime. The combined effect of these elements can reveal exactly the nature of crime, and criminal elements constitute the essence of its own.