Judicial Application of the Concept of Crime

In the theory of Criminal Law of China the constitution of crime is the standard to measure whether the act constitutes a crime. Relying only on the judgment in the conformity of constitution of crime, it is difficult for the judicature to deal with difficult cases in the vicinity of the critical point of the crime and non crime,neither to pass the gap between the criminal law text and the public simple feelings. The author tries to remove the estrangement between concept of crime and constitution of crime, social harmfulness and doctrine of a legally prescribed punishment for a special crime, restore criminal identification system under the leadership of concept of crime and with Qinhuohuo case and Wuying case as examples to prove the judicial practice character of the criminal identification mode to benefit the criminal justice.