Reflecting the Concept of "Constitution of A Crime" on Criminal Law Science in China
Shen Zhi-min
Abstract
Shen Zhi-min
Abstract
Although the concept of a always used in our country' s criminal law science,it doesn't written in any criminal laws in our country.On the one hand,criminal law science considers it as qualification for crime committing;on the other hand,making it replaces the theory of constitution of crime,as a result,the theory of constitution of crime was pre-empted and chaos.This article holds that of a is an ideal figure of criminal types,interpreted and concluded by the theory of constitution of a crime,it is just a part of the theory of constitution of a crime.
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Although the concept of a always used in our country' s criminal law science,it doesn't written in any criminal laws in our country.On the one hand,criminal law science considers it as qualification for crime committing;on the other hand,making it replaces the theory of constitution of crime,as a result,the theory of constitution of crime was pre-empted and chaos.This article holds that of a is an ideal figure of criminal types,interpreted and concluded by the theory of constitution of a crime,it is just a part of the theory of constitution of a crime.
Key concepts: Constitution, Law, China, Criminal law, Political science, Ideal (ethics), Criminology, Sociology