Analysis And Judicial Application Of Normative Constitutive Elements Of Criminal Law Principles

The elements of normative constitutive elements exist only as one of the classification methods under the elements of constitutive elements.However,the constituent elements with this attribute have unique value in solving the problem of factual cognition error in criminal law.In the first part,firstly,the concept of normative elements is studied from two dimensions: the origin of realistic theory and the evolution of historical literature.Secondly,the elements of normative elements are classified according to different standards.Mezger,Kunet,Hirano and other scholars divided the elements of normative elements into four types.But at the same time,the specific point of view is not the same.Yesek,Weigert and Zhang Mingkai divided the elements of normative elements into three types.This paper agrees that professor Zhang Mingkai's way of dividing elements of normative elements and his way of dividing elements are in line with the contents of China's current criminal code,and this way of dividing elements is more in line with China's current national conditions and the general environment of criminal justice.However,on the basis of professor Zhang Mingkai's method of classification,this paper makes a second induction and divides the elements of normative constituent elements into two categories: legal evaluation elements and social evaluation elements.This paper deduces the function of criminal jurisprudence of normative elements.The conclusion is that the elements of normative constitution can reflect the illegal function and coincide with the connotation of substantial intention theory.Finally,the author analyzes the status of normative elements in the whole criminal theory system(according to the three-level criminal theory system).The conclusion is that the elements of normative constitutive elements are located in the conformity of constitutive elements in the three-level crime theory system.The second part introduces the cognition of normative elements,which is the difficulty of focusing on theory and practice.First,sort out the basic laws of our country.It is found that there are no clear legal provisions on the elements of normative constituent elements and wrong cognition of facts in the legislative level of legal provisions.However,some of the minutes of discussion and meeting and the single legaldocuments issued by the ministry of public security in conjunction with the supreme people's procuratorate and the supreme people's court have specially stipulated that the case handling organs and staff should deal with the problem of wrong understanding of normative elements and detailed provisions.This provision also reflects that the highest judicial organ has recognized the wrong understanding of normative elements,which affects the tendency of criminal liability determination.Secondly,according to the empirical analysis method,106 legal documents were retrieved by searching the key word "illegality recognition error" on the Chinese judgment document network.A total of124 legal documents were retrieved by searching with the key word "fact recognition error".From the above legal documents,the author extracts the understanding of the elements of normative constituent elements,three typical cases,combines the actor's understanding of the elements of normative constituent elements in the case,and the legal textual research of normative documents,and makes a comprehensive analysis,and concludes that the actor lacks the understanding of specific criminal behavior and requires knowledge.Furthermore,it concludes that there are some problems in the judgment,such as insufficient reasoning,inaccurate qualitative analysis and insufficient rigorous argumentation.The third part introduces the elements of normative constituent elements in the context of criminal law doctrine,the general judgment rules and the elements of different types of normative constituent elements,especially the judgment rules.First of all,the author introduces two basic judgment rules of the understanding of the elements of normative constituent elements,namely,"the layman's parallel evaluation formula" and "the following with the help of intermediate concepts".Secondly,the "evaluation" of "layman's parallel evaluation formula" is carried out in practice.As for the factors that the judicial organ judges the actor's wrong understanding of the elements of normative constituent elements,it expands on the dimension of the knowledge content.Based on professor Wilzer's specific views on the understanding of elements of normative constituent elements,the levels of "spiritual understanding" are explained in detail.The three dimensions of the actor are "identity,background","acquisition of external information" and "work network".Finally,it explains that under the cognitive error of "different types of normative elements",the maps of different judgment rules and theelements of different types of normative elements have different patterns in the practice of cognition.The specific identification rules are different for different types of normative elements.According to the difference of these specific determination rules,different changes take place according to the Angle of cognition of the actor in specific cases.