Comparative Study Of The Three Elements And Four Elements Of Constitution Of Crime

In recent years, criminal law circles of different crime constitutea theoretical point of view. In view of traditional crime constitutionpositive or negative opinions are put forward. At the same time, due tothe crime constitution theory in the critical position of punishment lawpandect, for research has the necessity and reality of crimeconstitutional theory. Against crime, therefore, comprise the threeelements and four elements were analyzed, and through comparison betweenthe two, realize the optimization of crime constitution theory in China.First of all, with the concept of crime constitution as thebreakthrough point, the three elements and four elements content on thebasis of the interpretation, so as to realize the understanding of itsbasic concepts. Second, focus on the three elements and four elementscrime constitution respectively discusses rationality and shortcomings,aimed at by comparison with the characteristics of the objectiveconclusion, namely there is no need to abandon the traditional fourelements theory, but should be combined with the actual carry on theoptimization to the four elements. On this basis, for the current academiccircles popular reconstruction theory is rejected, which is discussedfrom two aspects of the key ways to improve the crime constitution theoryin China.To start first from the theory of anticipated probability, tothe traditional four elements crime constitution implementationoptimization, according to the theory of crime constitution in our countrypresent situation carries on the concrete analysis, strive to make thefour elements theory in the perspective of anticipated probability tocompletion; Secondly, from the perspective of the illegality resistance has reason to, according to the current Chinese criminal law in theillegality is the concrete application of reason theory, detailedanalysis of the three elements of illegality to repair, but reason andsupplement of criminal law in our country, but for the relationship, intheory and judicial practice, illustrates its deterrent for completionof in our country.Based on the comparison of the three elements and four elements crimeconstitution, on both sides have a rational understanding of rationalityand shortcomings, so for the improvement of the theory of crimeconstitution in our country, it have played an important role in theobjective basis. Through comparison, whether three elements and fourelements crime constitutions are not perfect, at the same time for thechoice of crime constitution must conform to the historical continuity,and the objective facts. So in following under the premise of history andreality, the traditional four elements negate or much change practicesare not rational, not objective. Only an empirical reality, taking intoaccount the history and reality of the actual correct way to find theperfect crime constitutional theory. Therefore, adhere to the traditionalfour elements is put forward, in view of the habitual criminalconstitution on the expected possibility and its deterrent for completion,for perfecting the crime constitutional theory provides a realisticpossibility.