Research on the system of crime constitution in the perspective of criminal integration
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D924.11

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    Abstract:

    The three crime constitution systems, while in the constituent elements and thinking approach utterly different, have few differences in the essence of crime cognizance. They all include the basic conditions all crimes must have and various objective aspects to prove subjective elements of crime, to provide a unified abstract model for crime cognizance. Clarifying the subjective aspects of crime is the core of crime cognizance and objective aspects are evidence for subjective aspects. At the same time, crime constitution system is closely related with the traditional culture, social situation, and the interaction between criminal procedural law and substantive criminal law of a nation, intending to conduct a fair cognizance based on personality. Crime constitution system is a way of thinking guiding for crime cognizance, and is a process of understanding relevant laws and regulations. They may be compared as proper or improper but not superior or inferior. They should be considered in a criminal integration method by grasping their common characteristics and identifying their individual differences. Specifically, the selection and application of crime constitution system should abide by the core status of subjective aspect of crime cognizance, uphold the homoplasy of crime constitution system and public logical thinking process, highlight the increase in the prosecution's burden of proof, and focus on the construction of crime constitution organism.

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徐伟.刑事一体化视野下的犯罪构成体系研究[J].重庆大学学报社会科学版,2018,24(3):128~138

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History
  • Received:
  • Revised:January 02,2018
  • Adopted:
  • Online: March 29,2018
  • Published: