Constraints Of The Criminal Code Of The Commission Of A Crime

The current criminal law scholars debate about the commission of a crime system should be reconstructed in full swing, the argument is mainly divided into two types, one is that knowledge of criminal law should its Soviet Union, referred to as refactoring On; one is opposed to the criminal law knowledge the Soviet Union, referred to as the perfect theory. The refactoring On reason for China adhere to the four elements of the doctrine in the commission of a crime system, tracing the roots in the early days of the Soviet Union, the overall absorption of knowledge of criminal law, should negate the four elements of the doctrine of in the moment, and the introduction of Germany and Japan re-architecture of the "class" of the theory of the crime. The perfect On that theory of crime constitution imported from the Soviet Union, China in the early days, despite some flaws, but fundamental, can continue to supplement and improve to make it more in line with the actual operation of judicial small and focused. The two views are mentioned "the Soviet Union" the commission of a crime perspective on our criminal a pivotal height. The commission of a crime in the Soviet Union’s point of view was introduced in the early years, and has a special social and political reasons. Throughout Russia over the past century the development of the theory of crime constitution changes, Tel Yining from the tower Gancai Fu to Kuznetsova on behalf of the crime of criminal law scholars held in Russia different social form constitutes a theory does not change essentially is what causes the view held by these scholars representing different classes although little different but no big differences? Whether this changes after social form but then crime regulation does not change the Criminal Code relating to? The confirmation along such an idea, trying to study demonstrated the relationship of the constraints of the Criminal Code of the commission of a crime, in the case of China’s current Penal Code is impossible to have a significant change from the Criminal Code of Russia in the form of different social, The architecture of the commission of a crime should go from here to make rational choices, and departure from the judicial practice work and make recommendations to improve the system of the commission of a crime.The structure of the paper is mainly divided into four parts:the first part discusses the past century Russian Penal Code and the commission of a crime. This section is divided into three small, one-to-one comparison by different social forms in Russia under the Penal Code and the same period, crime constitution theory, hopes to find out the theory of Russia constitute a crime in the past century time The reason of the nature of the changes occurring. In this section, the focus on the theory of crime constitution of the tower Gancai Fu and Russia "in1903of the Penal Code". In recent years, Chinese scholars have paid more attention tower Gancai Fu theory of crime constitution However, based on the form of the early days of the social constraints, scholars and is not too concerned about a Penal Code-1903Penal Code before the Russian Revolution, in recent years,, due to a growing number of scholars are concerned about Germany’s three-class system for such an important role in the actor academic in the history of the Russian Criminal Penal Code, its cause concern not see much. Through this part of the discussion, I want to solve a problem, and that is why Russian scholars almost have undergone studies in Germany, but ultimately did not establish the commission of a crime of the three sectors of system in Russia. Throughout the Russian criminal legislative history of the past century, six of the Penal Code a replace another:1845penalty probation Code, the Penal Code of1903,1922,1926and1960,"Russian Criminal Code Code,1996, the Criminal Code of the Russian Federation ", which is not too years1924/1958and1991league legislative. Shows that the Russian the criminal legislative history of a century is unique in the history of legislation in the world is not. The constant turnover of political, economic, social forms and ideologies transform feudal monarchy was replaced by a bourgeois democratic republic, later replaced by the Soviet Republic.70years of the Soviet regime gone through a stage of transition from capitalism to socialism, totalitarian system of socialist construction, reform, and finally experienced the period of the Soviet system, the peaceful overthrow of capitalist restoration. However, despite unprecedented in just a century, much of the Penal Code, under different social form of legislation to safeguard the interests of the ruling class in the legislative stance fundamental changes, but these represent Russia criminal law scholars held theory of crime constitution and the nature of the changes did not happen. From the tower Gancai Fu to Tel Yining to Kuznetsova held different views and propositions, despite the many problems in the theory of crime constitution, but the constitution of a crime is the objective and subjective elements of this principle has no objection to this After social form changes Penal Code, the crime regulation forms adhere to the principle of unity of the subjective and objective has a direct relationship.The second part is the basis of the first part of the discussion, concluded that the constraints of the Criminal Code of the commission of a crime relationship. This section is divided into two parts, the first part discusses the nature of the crime on property, crime on the part of the Criminal Law and the Penal Code and the Criminal Law, in this sense, is easy to distinguish because of the Penal Code is a legal Criminal Law is a science, a theory. Whether the crime constitute a combination of how closely the legal provisions in the theory and reality, from the status of the discipline system where it has always been part of the Criminal Law of the Penal Code for the study, and no amendments in the existing Penal Code before scholars can only be discussed in the Penal Code is in effect from the moment of the object, the Penal Code, to modify or develop belongs to the legislative level. Therefore, the current theory of crime constitution, should focus on the specific application of the criminal law of our country at this stage level. The second part discusses the Penal Code, the commission of a crime has a restrictive relationship. The view from both the generation and formation time, it would be the front of the Penal Code, the Criminal Law in. Discusses objects from the commission of a crime, as part of the Criminal Law, the Criminal Law of the core issues that are discussed in the commission of a crime,"crime", the commission of a crime, saying the object should be the country’s Penal Code.The third part of the Penal Code and the commission of a crime. The first part of the regulation mode of the Penal Code the crime of the commission of a crime can not be decided with the commission of a crime in Germany. Mode of the rules of the Penal Code is a crime "should not only quantitative but also qualitative" theory of crime constitution clearly defines the concept of crime. In addition, China’s criminal law point to take the unity of the subjective and objective criminal regulation mode, decided our Penal Code can not be used in Germany three-class system, because no criminal responsibility of a competent person conduct did not constitute a crime, we do not need in the crime constitute a system down discourse its criminal law classified the problem. The first part of the status quo of China’s judicial suitability of the current theory of crime constitution be perfect. The uneven quality of our whole judicial staff, many judicial work did not receive a formal legal education, almost all of the work completed higher education to continue learning, they judge Zuiyufeizui fully accept the traditional four elements, changed into three elements, so they will know what to do. The three-class system, after posttranslational get the concept seem obscure, far less simple while solving practical problems of four elements, and this is the reason of its acceptance is not high.The fourth part is the system improvement recommendations of the commission of a crime. The first part is to sort out the relationship between the quantitative factors with the commission of a crime. Quantitative model, the regulation of criminal law to the specific crime of guilt from the concept of crime, the reality there are provisions on quantitative factors, quantitative factors in the legislation has become an important criterion for sin and into sin, the complex social reality contained too much social harm any one aspect of the inclusion of crime constitute the four elements are obviously not appropriate. Judicial practice in the society to face the dangers involved in all aspects of subjective and objective behavior, even bad classified as four-relief plot, if necessary the suspect as the only maintenance person.(B) a clear before and after the sequence of the four elements in the path of the analysis of the crime. Crime theory system perfect should learn from the German criminal theory system-in order to objective premise avoid a the subjective cognitive preconceived result in substantial injustice. Some people split the four elements as the four aspects of the personality of an independent analysis, while completely ignoring the four aspects of logical relationships. On the contrary, some points will do four elements in order of the Penal Code, in accordance with the time logic to adjust, the subject of a crime in the first place, and then consider the subjective aspects, objective behavior, the last is the object of the offense, which led to the current of judicial activities in a lot of preconceived subjective judgment rather than objective conviction.Course, there are also certain inadequacies, these problems in the beginning of the creation of the thesis has been found that the first point is that the author of this article has long been engaged in practical work, theoretical knowledge is more the lack of writing such a Ministry discusses crime constitutes a theoretical article is very difficult; Second, the lack of experience writing, unreasonable rules and layout of the full text. The first part of the share of the space is too large, the middle two, three parts is very weak, which is also the author of the lack of theoretical knowledge performance. Finally, is the author’s own for graduate dissertation specification to understand is not very clear, thesis writing, especially the various comments, standard problems may exist. The authors chose such a relatively difficult to write the object as a thesis, remove the learning experience, but also due to the great interest in theories of crime problems.