Viewing The Controversy About Theoretical System Of Crime Composition In China From The Perspective Of Function

As a very important theory in the system of criminal law of the commission ofcrime, theoretical system of Crime Composition has been studied and debated byscholars for a long time. In recent years, with the introduction of foreign criminal lawdoctrine introducing continuously, the discussion of theoretical system of CrimeComposition is more intense than usual. Need for reconstruction of the scholarsdebate centers around China’s traditional four elements of crime constitution theory,if the crime constitution needs reconstruction, then what kind of system would beproperly. This should be a collision of academic point of view; however, somediscussion has deviated from the academic areas.At the beginning, the article first defines the nature of the theoretical system ofCrime Composition that crime constitution theory, in essence, is a theoretical tool toboth explain and convicted mission Protection Law, the purpose of building theory ofcrime constitution is in order to research criminal law and judicial practice andprovide an analysis of the path to interpretive and convictive Protection Law moreaccurate. As a tool, it shouldn’t be abandoned if it dose not have obvious flaws whilecomparing to other similar tools. In order to evaluate if our crime composition is afully functional theory, the article studies on what function should the theory of crimeconstitution have. Many scholars show their views from different angles, includingthe launch of the defense from the Penal Code function society and protection ofhuman rights function, theoretical system of Crime Composition such as theconviction specifications reaction conviction process function from the proof of theCode of Criminal Procedure level advocate responsibility assigned functions, as wellas other functions. This article claims that defense society and the protection ofhuman rights function should be the result of theoretical system of CrimeComposition then it plays its function properly, and the article also doubts aboutwhether theoretical system of Crime Composition has the function of allocate theburden of proof. Therefore, the article determines to explain theoretical system ofCrime Composition have conviction specifications and demonstrate conviction ideas,specifically advocate crime constitutes the theoretical function-the conditions listed in the function, semantic interpretation function well path-oriented functions. Next,through comparing and analysis the traditional four elements of crime constitutiontheory on the function level, we can see that the first two functions have no obviousdefects, the main problems is the path-oriented functions. Syllogistic thinking withthe plane of theoretical system of Crime Composition contains different crimeconstitute a three-dimensional theory contains the conviction of a dialectical thinking,so that the law is not very clear or the facts of the case did not completely restore thecase to achieve The legal provisions docking with the facts of the case, and then cometo the conviction conclusions. Three-dimensional crime constitutes a theoreticalsystem with a path-oriented functions constitute the theory of the need to fix the place,which is what our crime.Some scholars advocate a comprehensive introduction of the German andJapanese class crime constitute theory system to replace our existing system, butconsidering the four elements of the traditional Chinese crime constitution theoryexists only one functional point of defects on the path-oriented, the article believesthat the traditional theory should not be rubbed out, on the contrary, just amendedwould be more property, and conducive to the promotion and application of the newtheory of crime constitution. Thus the article advocates learn from theAnglo-American dual hierarchy, treat the traditional four elements as a whole as thefirst level, to judge harmful behavior formally; increase a second level to judge theconduct from substantive view. Such a structure set both to achieve the introductionof three-dimensional Crime Constitution Theory, to make up for the inadequacy ofthe theory of path-oriented functions of Criminal Component purpose, they can retainthe original crime constitute the content of the theory, which will not cause too muchimpact on the platform to speak of the Criminal Law. This is what we want that reachcoexistence between the two argue sides at the functional level.