Discussion About "Causing Great Losses To The Interests Of The State And The People" In Criminal Law

In some articles of the special provisions of the criminal law,expressions like "to cause great losses to the interests of the state and the people" are equivalent to abstract expressions of "serious circumstances".It is either elements of constitutive elements or conditions for the upgrading of legal punishment,both of which are all elements indicating the infringement of legal interests.These elements,as the conditions for the establishment of a crime,are elements of the constitution.Therefore,it is of great significance to define what these elements are for implementing the principle of legality.Whether these elements are as elements of constitution or as conditions for legal punishment upgrading,whether they need to be recognized will affect whether they constitute a crime and apply the corresponding legal punishment.The legal punishment that does not know and cannot apply to upgrade condition is to carry out the principle of responsibility doctrine;Apply to upgrade the legal penalty conditions,do not require recognition,is not a violation of the principle of responsibility,just or the principle of responsibility to comply with.Therefore,cognitive factors must be considered when defining what these abstract expressions are.Responsibility comes from knowledge,which is the premise of responsibility.No understanding but deliberately,but not necessarily blocking responsibility;There is no need to know,but there must be the possibility of knowing.What needs to be understood is the content of intentional regulation,that is,the elements that indicate the characteristics of the types of illegal behaviors.According to the theory of criminal law,when these elements are the elements of constitution,some of them need to be recognized to constitute the intentional crime,which belongs to the content of regulating the intentional.Some do not need to know also constitute the intentional crime,and scholars called objective over the elements.Objective surpasses the element is still the constituent element,belongs to the crime constitution,is the crime establishment condition.