Research On The Theoretical System Of Crime Composition In China

As the basis and core of the criminal law, the theory on crime composition has long been the cornerstone of the crime theory or even the whole criminal law. It is the necessary condition for crime constituting, and even the prerequisite and basis of punishment imposed on criminals, and the starting point of the crime-responsibility-punishment system. Consequently, valued by scholars at home and abroad, it has long been the focus of scholars’attention and researches.China’s theory on crime composition, which has existed for decades since the founding of the People’s Republic of China, has long been under criticisms, but it enjoys an unshakeable status. Clamors for the revolution of the theory on crime composition are increasingly louder, the trend towards changes is irreversible.The thesis is divided into three parts as follows:First, the origin and evolution of the theory on crime composition, and the status quo of the theory in three major legal systems are explored.It is important to introduce two dimensions to the issue, one of which is time dimension and the other is space dimension. Based on the time dimension, the origin, evolution and historical transitions are discussed while based on the space dimension, characteristics, advantages and disadvantages of various crime composition systems at home and abroad are explored, and the similarities and differences between China’s system and that of other countries are found.The second part introduces viewpoints and disputes in the community of China’s criminal law theories. A variety of new arguments are proposed by scholars, who also envisage the revolution of the crime composition theory in China. Each kind of mainstream viewpoints are analyzed, which provides a basis for the examination of the drawbacks of the quadrilateral essentials of crime composition. On the basis on the comparison and analysis above, the cures for drawbacks of the quadrilateral-essential system are proposed. Specifically, China’s crime composition essentials are classified into positive ones and negative ones. The object of the crime is removed from the quadrilateral essentials, the three other essentials constitute positive elements, while causes of justification and a series of extra-statute reasons to hinder the illegality and anticipated possibility issues are classified as negative elements, which serves as China’s mechanism for crime charges. And the causes and advantages for the design are also examined.