The Defects Of Our Country’s Constitution Of Crime And Reconstruct

The consist of crime theory has a long history. From the date of the birth,the consist of crime theory attracted numerous scholars tireless to quest. Also, it is the fundamental and core in every country’s criminal law. The consist of crime theory is the most important section in criminal law. From it, we can know how to evaluate the act on law, and how to judge the act is crime or not, it is important for Legislation and Judicial practice. On the basis of Soviet Union’s constitution of crime, we constructed our country’s theory, but with the development of the construction of rule of law and the legal theory, we find there are many defects in this theory. So, this article elaborate the theory’s history and developing, and also compared with other legal system’s, because of this we can reconstruct the new constitution of crime, it includes positive element and negative element.