On The System Orientation Of Pre Procedural Elements In The Constitution Of Crime

In China’s current criminal law provisions,there are procedural elements,and a certain act can be attributed to a crime only after it is judged and handled by the procedure in advance.There are distinct point of views on how to reasonably position such elements in the academic circles,which are different from the traditional elements in the theory of crime.The existing theories are insufficient due to the explanation made from the plane perspective,so it is wise to reexamine the meaning from the threedimensional perspective.This kind of element is between different levels of law application and communicates the pre law and criminal law.Its path of incrimination is different from that of ordinary counts.It is a procedural setting that considers the need for punishment in the conditions for the establishment of a crime and launches the power of punishment.It is between the criminal structure of criminal law and the illegal structure of the pre law,and it is an interactive structure between eriminalization and decriminalization.This positioning can reasonably solve the root problem of accomplice and exemption,reconcile the conflict between criminal law and other department laws,and indicate the reasonable margin of crime.When judicial application of pre procedural elements,it can only be regarded as a sign that the constituent elements of a crime may be achieved,rather than the specific content of independent discussion at the level of an already committed crime.Only when it is strictly recognized that its role is limited to identifying the subject of the illegal rather than the criminal,can it be made clear and avoid misunderstanding or misinterpreting the meaning of the legislator of criminal law by clinging to words.