The Perspective Of Responsibility Which Can Perfect The Crime Constitution In Our Country

Crime constitution as the core content of the criminal theory, it is a bridge connecting the case facts and the specific law, it not only affects the development of the theory of criminal law, but also has direct influence to the criminal justice.And Tong said is China's current status of the four elements crime constitution theory, which is a theoretical question since the establishment,and even more and more voices advocate negate our four elements crime constitution of the system;In-depth analysis, we easily find out that is roughly same between the traditional Chinese four elements theory and the three classes of the civil law system of crime constitution elements,the difference is only specific permutation and combination,and this is just related to the rule of law concept and value pursue different from country to country, they don't care it;And the three classes system of continental law system has malpractice such as system for system,it is true that there are disadvantages of the system in the crime constitution in our country,but it has yet to reach a thorough negation.Therefore,we should stick to basics of the four elements crime constitution system,and make it perfect.At present the critical of the crime constitution in our country mainly concentrated in two aspects:he crime constitution and the relationship between social harmfulness and the lack of responsibility requirements,the author does not think the relationship between crime constitution and social harmfulness belongs to the defect of crime constitution,but caused by people's misunderstanding;Therefore, the author thinks that the fatal flaw of crime constitution in our country only refers to the lack of responsibility requirements,and for this defect,we can stand on the exist theory of criminal responsibility in our country and introducing the responsibility concept of the continental to improve the crime constitution.This makes the further research of responsibility and crime constitution is the need.Besides preface and epilogue,this article will be divided into the following five parts:The first part:summary of responsibility.This part firstly introduces the concept,classification and content of responsibility,make us to have a preliminary understanding;Secondly, this paper introduces the evolution of responsibility,which make us clearly realize the process of the civil law responsibility theory and the producing process of responsibility,the responsibility is develop with the formation of normal responsibility theory. Finally, this part introduces the function of responsibility, it highlights the value of responsibility in the process of crime cognizance,that is to say to establish strict criminal elements, reduce crime ring.The second part:responsibility and crime constitution.This part mainly discusses the responsibility and the four elements of the crime constitution in our country and the relationship between the civil law of three class.Through the comparison of responsibility and criminal responsibility of socialism make us more clearly recognize the different requirement in the crime constitution.The third part:the defects of the crime constitution in our country under the field of responsibility.This part is mainly from the value perspective that responsibility limit crime set up to look at existing crime constitution in our country.Thus it is concluded that there are some shortages in the crime constitution, namely,on the one hand,it lacks of responsibility evaluation elements,which performance for the impact on some specific behavior qualitative and make the judicial practice can not be very good to realize the unity of legal effect and social effect.On the other hand,is not reasonable that crime subject factor exsit as an independent factor.The fourth part: the premise analysis to put responsibility into crime constitution in our country.This part discusses the necessity and feasibility for the introduction of the civil law responsibility,and then statement that it's necessity and operability to introduce responsibility based on our traditional crime constitution to improve it.This part firstly state the shortages of complete the crime constitution in the responsibility perspective,and discusses the necessity to introduce responsibility to perfect crime constitution in our country;Second,through the similarity of criminal liability and responsibility theory as well as two aspects of expectation of possibility contained by China's criminal law provisions and judicial interpretation to explain that it's feasible for the introduction of the responsibility.The fifth part:The path of perfecting our country's crime constitution-- the introduction of liability doctrine.In this part,we will discuss the introduction of the principle of macro aspect. It means that we discuss the introduction of the principle of responsibility in two aspects: macro and concept level and macro theory.Specifically,according to the interpretation of the fifth article of the criminal law on the concept level,we take the principle of the responsibility as the basic principles of criminal law, and as the guiding role of the criminal law fundamental.At the theory aspect,different levels of responsibility in the civil law system,and the sense of responsibility in the sentencing,both of them are introduced into China's criminal responsibility.The theory of criminal responsibility of our country to increase the criminal liability of legal consequences in preserving the original legal consequence significance.But corresponding to the constitution of a crime,the criminal responsibility in the sense of responsibility is studying on the responsible for the issue of whether or not,which does not involve the size of the problem.Corresponding to the theory of punishment,criminal responsibility in the sense of sentencing,It should be the responsibility of the extent of the problem;in this sense of criminal responsibility to provide the basis for sentencing and standards.After introducing the concept of the macro theory and the theory of the macro concept and theoretical level,it should be involved the specific improvement path.On the one hand,in the face of the loss of the elements of responsibility,we can introduce the possibility of the expectation in the liability doctrine into our country and into the constitution of the crime,and make it become one of the subjective elements of crime in our country.So that our country can have a subjective responsibility for the crime of evaluation elements.In the case of the introduction of the anticipated possibility,we should pay attention to the contingency and necessity of its application,prevent the excessive pursuit of the justice of the case and damage the stability and authority of the criminal law.For the introduction of the specific positioning and applicable standards should be based on the specific conditions of our country to choose,and can not be blindly introduced.On the other hand,for the deficiency of the main elements of the crime,we can draw lessons from the content of responsibility and the content and arrangement mode of the elements in the constitution of the crime in the continental law system,and split the current crime subject in our country into the elements of the natural elements and the responsibility elements.One of them is belong to the objective aspect,the other one is belong to the subject aspect of the crime.The final part discusses the system of the crime constitution after perfected gradually.The constitution of a crime shall be divided into object elements of crime, subjective elements of crime and objective aspect of crime.The objective aspect of crime are increased the natural elements and the subjective elements of crime are increased the elements of expectation possibility and elements of responsibility.