The Case Analysis On Judging The Crime Dispute In A Intentionally Homicide Committed By Qin Yelei

Crime constitution refers to whether an act constitute a crime or not and how toconvict a person of a crime, which is always the key point of criminal law theorystudy and the focal problems of judicial practice judicial practice. It is universallyaccepted by the civil law countries that crime tenable condition contains thedeservedness, unlawfulness and criminal liability of illegality of constitutive elementsof a crime. The above three containing parts are in progressive precedencerelationship, the later one won’t be in function without the former one. A crimeincludes the subject element, the subjective element, the object element and theobjective element in the theory of crime constitution in China. It will be consideredwith the legal interest in the range of criminal law to determine the establishment of acrime or not on the basis of the unity of subjective and objective. The four parts relyon one another. This theory of crime constitution guide the crimes determination inthe juridical practice.The cases in this thesis are the juridical cases discussed by the author. In thediscussion, different justice workers from different places and work units state theiropinions separately. From this point of view, this thesis are worth investigatingfurther.This thesis try to discuss the theory of crime constitution through the study onhomicide case committed by Qin Yelei. Many criminal law theories of scholars athome and abroad are used for reference this thesis which tries to discuss the criminalconstitution theories especially the subjective and objective elements.. It also relatesto the behavioral theory of criminal law, faulty behavior assertion, causality incriminal law, elimination of illegality affirmation, identification of the offence formof crime, related theories of complicity to supply the guidance of individual case inthe juridical practice.