Research On The Problems Of Crime Constitution From The Value Of Criminal Procedure

Theory of crime constitution is the cornerstone of the criminal law annotationresearch, both in the theoretical study of crime or have a significant role and status in thecriminal justice process. The development of the theory of crime constitution by thecriminal law entities Law in our country to promote it should be noted that the role ofconstitute a crime in the Criminal. Criminal proceedings in the modern sense of justice,efficiency value through the activities of the Criminal substantive justice, proceduraljustice, economic rationality, the results meet the four main parts to become the perfectcrime constitution theory reference coordinates. Common Law crime constitute a mode ofperformance for the program in the mode of adversary criminal proceedings of valuepriorities entity value, efficiency value takes precedence over the fair value, the civil lawcrime constitutes the appearance of authority principle mode of criminal proceedings isthe opposite, but it blur the boundaries of criminal litigation in terms of the parties ’modewith the terms of reference’ mode, there to learn from each other to absorb the theory ofcrime constitution between the two legal systems. China’s four elements constitute a crimemode existed since the beginning of the creation of doctrinal dispute leaves appear and inthe20th century after the abolition of dispute intensified the situation. The four elementsconstitute a crime mode performance of the high probability of error case in our criminalprocedure and the actual inefficiency, failed to effectively realize the value and efficiencyvalue of the fairness of the criminal proceedings, based on this need to be reconstructed tothe surface-in real terms "double crime constitute mode, the surface constituent elementsinclude the objective aspect of crime-subject of a crime-the crime, the real constituentelements "to exclude the subject matter of the crime".