Analysis on Drawbacks of Chinese Four Element Crime Constitution
Yao Wan-qin
Abstract
Yao Wan-qin
Abstract
The theory of crime constitution is the central task of criminal theory and the key part of crime identification of certain behaviors.However,compared with German and Japanese three levels of criminal theory,there are many unreasonable problems for our Chinese crime constitution such as the unclear definition of crime concept,the unknown status of legitimate ground in the system,the lackness of hierarchy,inducing subjective blame easily and the missing of anticipated possibility status.It is necessary to deeply analyze the drawbacks in the theory of our Chinese traditional crime constitution so as to help perfect the system of crime constitution in China.
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The theory of crime constitution is the central task of criminal theory and the key part of crime identification of certain behaviors.However,compared with German and Japanese three levels of criminal theory,there are many unreasonable problems for our Chinese crime constitution such as the unclear definition of crime concept,the unknown status of legitimate ground in the system,the lackness of hierarchy,inducing subjective blame easily and the missing of anticipated possibility status.It is necessary to deeply analyze the drawbacks in the theory of our Chinese traditional crime constitution so as to help perfect the system of crime constitution in China.
Key concepts: Constitution, Element (criminal law), German, China, Hierarchy, Law, Identification (biology), Criminology