On The Application Of The Crime Constitution Theory In Criminal Investigation

The constitution of a crime is not only a very important theoretical problem incriminal law but also an outstanding practical problem in criminal litigation, which is themean line in the criminal lawsuit activities and the entire process of criminal proceedingsfocus on it. That is the quality of the initial stage---criminal investigation, can determinethe quality of subsequent criminal lawsuit activities and also the fate of the criminalsuspect. Conducting criminal investigation activities rely on the theory of the constitutiveelements of crime closely. The relationship between the criminal investigation and theconstitution of a crime is as follows: first of all, in the stage of criminal investigation, thecrime constitution theory plays an important role in differentiating the case of publicprosecution and accepted at complaint and determining the scope of investigation ofdifferent investigation subject, nevertheless, it is an important basis to judge the standardof criminal investigation. Second, in the evidence collection phase, there is a close relationbetween the crime constitution theory and the collection of guilty evidence and innocentevidence by investigation organs. The guilty evidence is mainly the factual evidencewhich conforms to the requirements of the crime, and the innocent evidence include thereasons of justification and excuse. Finally, in the stage of investigation conclusion, thereis also a close relationship between establishing the standard of investigation conclusionand the crime constitution theory. The standard must be established by the crimeconstitution theory and the investigation organs should deal with a case according to thestandard and different situation.