The Crime Constitute The Mutual Relations Of The Elements And Proof Units

The Tatbestand theory comes from the formal evidence system. The evolution of criminal law piloted by the enlightenment intends to find a evidence system helpful to discover and establish the free discretion of judges while it is breaking formal evidence system. In the process of the perfection of the free discretion system, the Tatbestand was uplifted to the key position of the research of criminal law. However, in the long-term development, the Tatbestand focusing on the definition of standard act image is gradually testified to be separated with the possibility of attestation and the restriction of procedure.The current criminal law if China concentrates on the definition of the Tatbestand, especially on the restriction of the subjective malice of the actor. However, the special condition for testifying the crime has no definite way to testify. Criminal justice usually depends on experience, deduction and guesstimate to define crime. This paper believes that it is a effective way to search and resolve problems through the combination of Tatbestand and evidence units and conducting the edge research of substantive law and procedure law, which would be helpful to find the problems.This paper is divided into three chapters with approximate 40,000 words. The fist chapter expatiates the origin and development of the Tatbestand, from the origin to the basic problems of the Tatbestand and criminal elements, posting the nature of the Tatbestand and the definition of the criminal elements. The second chapter discusses the evidence system and the Tatbestand, analyzing the juridical value of the foundation of definition, the Tatbestand and the evidence units and introduce the evidence units of the common law system and the litigation facts of the civil law system. The third chapter describes the way to prove criminal liability and the theory and practice of the responsibility of attestation from the responsibility of persuasion, the division on the responsilities of providing evidence and effectiveness of deduction and the consequence of the failure in providing evidence. The third chapter analyzes the relationship between the evidence methods and Tatbestand through analyzing the problems, including the relationship between the evidence and factor, the evidence and cause-effect, the evidence and objective elements, and puts forward the academic way to consummate the Tatbestand theory of China and the academic basis of transforming the model of crime definition."Judgement shall be based on the evidences" is a principle of the litigation theory. The purpose of using evidence aiming to find the attestation is the essential consequence of the thinking of evidence. This paper focuses on the process of this definition and judgement.