| In china, Selecting the path of china's theory of crime constitution has beendebating the topic in china's criminal law scholars. This article advocated a pluralityof value, whether the theory is applied in our country and in line with nationalconditions or not, which are discussed in this paper.The existing criminal law theory of crime constitution has the specificcriteria with identified crime. But lacking of the hierarchical division between thecrime condition. There are characteristic and structural defects. In china, the traditioncriminal law theory of the formation has two basic paths, location and transplantation.Thus, under the background of the times which building a moderately prosperoussociety and the protection of human rights. china's need taking use of the advantagetheory of Germany and Japan criminal constitution to reconstruct our country's thetheory of crime constitution.In this paper, the use of comparative research, conceptual analysis and researchmethods. First, an overview of china and foreign major criminal theory, introducingGermany all stages of criminal theory. Secondly, analysis of the concept of crimeconstitution and the discourse that traditional crime constitution with existing of thecharacteristic and structural defects. Furthermore, the discourse which crimeconstitution transplantation principles and localization conversion. Finally, the newcrime theory of logical analysis. Exploring the basic issues. Describing its practicalvalue. Analysis of the traditional theory of crime constitution which it is difficult tosolution's problem. Envisaging a theoretical blueprint that the new crime constitution. |
