A Discussion on the Theories of Criminal Constitution in China and Russia

Theories of criminal constitution in China first borrowed from the former Soviet Union modes at its development stage, taking the relationship between crimes and criminal constitution as that between the general and the specific while those in Russia have already modified this relationship believing that the extension of crime is larger than criminal constitution and the factors determining the extent of criminal liabilities that are lacking in the criminal constitution are supplemented by the concept of crime. This theoretical progress is worthy of our study and borrowing. However, like that of the former Soviet Union and Russia, the Chinese criminal theory takes criminal constitution as the basis for criminal liabilities. The writer proposes that many subjective and objective elements exist outside criminal constitution that affect the establishment and extent of criminal liability. As is proven by judiciary practice, establishment of crimes simply based on criminal constitution without considering the merit of other subjective and objective factors is not adequate in supporting the measurement of penalties. Building up a reasonable theory of criminal constitution is a necessary path for the maturity and development of the criminal theories both in China and Russia.