The Construction Of "Crime Mechanism" In China 's Crime Constitution System

The lacks of practice is a big problem for the study of the constitution of crime. The constitution of crime should focus on the questions in the criminal judicial practice and respond the requirements of the criminal justice. At present, the issues of the criminal justice contain the difficulties of the criminal defense and the conversation between defense and complaint are deeply hard to promote equally. And the equal between defense and complaint is the most urgent problem to solve. The transformation of the constitution of crime should concentrate on the criminal defense and resolve the difficulties. Now the study on the decriminalization mechanism of crime is still weak in Chinese traditional theory no matter in criminal theory or in judicial practice. But the directly support of the criminal defense depend on the decriminalization mechanism of crime. As a result, based on the constitutive elements of crime, the design of the constitution of crime must place particular emphasis on criminal defense and establish the perfect decriminalization mechanism of crime in the system of crime constitutions, so as to balance the evaluation mechanism for identifying and eliminating crimes. This paper is divided into four parts altogether except the introduction and epilogue:The first chapter mainly discussed some concept. Discrimination is a very broad concept, eventually be identified as innocent can be called discrimination. Discrimination has a variety of forms, can be divided into discrimination of legislation and discrimination of justice, discrimination of entity and discrimination of process, the discrimination of crime constitution system is belong to discrimination of entity and discrimination of process. According to the different way, the discrimination of crime constitution system can be divided into the discrimination for negation of constitutive requirement and for the grounds of legitimate. The discrimination mechanism of the system of crime constitution is the systematic expansion of ground for legitimate.The chapter two is the construction basis of the discrimination mechanism. At present, it is requested criminal justice practice to construct the discrimination mechanism of the system of crime constitution and it is also supported and promoted by theory. From the point of the theory, it is based on three points:the modestly restraining spirit of criminal law, the equilibrium between prosecution and defense, the logic self-consistent of theoretical system. In the view of practice, the dilemma of criminal defense and the influence of the false and erroneous cases on the judicial fairness and the hard cases of conflict between reality and law all request the theoretical system of crime to change and respond. And it focuses on the establishment of the discrimination mechanism.The third chapter is the investigation and reflection on the discrimination mechanism of the system of crime constitution. Compared with abroad constitution of crimes, the Chinese constitution of crimes has a fatal flaw on the structure that it doesn’t have the discrimination mechanism, as a result, the Chinese constitution of crimes doesn’t reflect the dynamic logic of conviction which equality fight of prosecutor and defense.The last chapter is the vision of construction about the discrimination mechanism. The system of crime constitution cannot only focus on conviction according to law, but also need to focus on the rationalization of discrimination, which requires the design of the system of crime constitution must be tilted to the criminal defense that the grounds of legitimate should be placed within the system of crime constitution to construct the discrimination mechanism of the system of crime constitution, making the system of crime constitution into the two-way evaluation mechanisms of crimination and discrimination.