On Crime Negates The Subject Matter

In Continental law system or Anglo-American law system ,the series of acts that are not constitute crimes such as justifiable defense,act of rescue and so on,are studied within the theories of constitution of crimes. However,they are investigated not within the constitution of crimes in our theories of criminal law ,and we prove that they are not crimes not in the point of view of constitutive elements of a crime,but in the angle of criminal attribute .But this is not scientific way. Establishing principle of a legally prescribed punishment for a specified crime ,the constitutive elements of a crime stipulated in the criminal law is the sole legal basis of conviction,so we ought to research them in the angle of constitution of crimes.Based on our current theories of constitution of crimes ,in this thesis,the author detailed studied the series of acts both prescribed in the criminal law and wide-recognizied in the academic circles,and proved that in which element they did not accord with the constitution of a crime.The thesis is composed of four parts with 48000 words approximately.Part 1:A brief account of the crime obstructecLIn this part ,the author compared the appellations of the acts such as legal defense and so on,and put forward a new terms:the crime obstructed.This terms has merit as follows:in the first place,it is named in the point of view of the constitution of crime,so we can avert the abuse that people named them in the angle of criminal attribute,but studied them not in the part of criminal attribute;secondly,it can integrate the fortuious event,the force majesture,the severe damages of people who has criminal incapacity that in traditional theories are studied in the interior of the constitution of crimes and the acts such as legal defence,etc.,because they have a common ground:not to accord with the constitution of crimes.Thirdly,it is accurate and lucid terms.Besides appellation,the author discussed the conceptand feature of the crime obstructed in this part.Part 2:The relation between the crime obstructed and the constitution of crimes.In this part, the author summarized two viewpoints from the piecemeal and scattered discussion of the relation between the crime obstructed and the constitutions of crimes.searched the two viewpoints of scholars,the author deem that because all crime obstructed do not accord with the constitution of a crime ,they may and ought to be investigated within the theories of the constitution of a crime;but at the same time,the author proposed and proved the argumentthey cannot be investigated within the objective elements of a crime.Part 3:The grounds why crimes obstructed do not construct crime.In this thesis ,the author consider that the act under the consent of the victim and serf-destruction are criminal object obstructed;the severe damages of people who has incapacity for criminal responsibility is subject of crime obstructed;the other acts are culpability obstructed.rn the part of culpability obstructed/esearched the basic theories of culpability,the author consider that the culpability is orgnic combination of the psychological factors and the evalution of legal norm.Culpability evaluting,with regard to different form of culpability,the criminal rules negates and condemns the different side of psychological factors of actorin the situation of criminal intent,emotion and will,in the situation of criminal negligence,cognition,that is insufficient cognition in negligence with undue assumption and no cognition in careless negligence.Part 4:The location of crime obstructed in our criminal theories.The author consider that since all the crimes obstructed ought to be studied within the constitution of crime,the relation between the theories of crime obstructed and the theories of constitution of crime ought not to be coordinate or parallel,but to be including and included.