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The 4 aspects of crime are constituted, and the comparison is right.
The subject of the crime, the object of the crime, the subjective aspect of the crime, the objective aspect.
Specifically, the subject is the natural person and legal person who commits the criminal act, and the object is the object of the crime, and the subjective aspect refers to the psychological attitude of the criminal subject towards the criminal act he has committed and the harmful results, including factors such as guilt, motive and purpose of the crime.
The objective aspect is the objective factual characteristics that must be possessed in order to establish a crime, which explains the social harmfulness of the act. It includes the harmful behavior and the harmful result, the time and place of the crime. Methods (means) are also necessary for a small number of crimes.
So you can't punish those people who are talking about it.
But if he knows that he is infected and deliberately spreads it to others, he can be punished.
Anyone who knowingly has sexual relations with others or uses other means to spread the disease to others is punished by the criminal law.
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Crime, an act that violates the criminal law and is a criminal offense and should be punished by criminal punishment.
So in different countries, under different criminal laws, the definition of crime is also a bit different.
If you break the law, you will commit a crime. A serious violation of the law is a crime.
Illegal, civil, criminal.
The turtles that returned from North America to serve their homeland are uncomfortable committing crimes. National law does not stipulate that they cannot return.
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A person who violates the law and causes serious consequences as prescribed by law.
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The so-called composition of a crime refers to the organic unity of all the subjective and objective elements necessary for the act to constitute a crime in accordance with the provisions of the Criminal Law of our country to determine the social harmfulness and degree of a specific act.
It has the following two characteristics:
1. The composition of a crime is the organic unity of a series of subjective and objective elements, and the composition of any crime includes many elements, some of which belong to the objective aspect of the crime, and some of which belong to the subjective aspect of the crime, and they are organically unified to form the criminal composition of a certain crime.
2. The constitutive elements of a crime have the constitutive elements that are required for the establishment of a crime by statutory acts, and must be provided for by the Criminal Law of our country, and only the factual characteristics of the case that have been selected by law can become the constitutive elements of the crime.
The composition of a crime plays an important role in providing clear and specific legal criteria for distinguishing between crime and non-crime, and between one crime and another.
Any crime has four common constituent elements, namely: the object of the crime, the objective aspect of the crime, the subject of the crime, and the subjective aspect of the crime.
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The composition of crimes in our country includes:
1.The subject of the crime. Refers to a person who commits a criminal act.
2.The subjective aspect of crime. refers to the psychological state of the criminal subject that the criminal conduct and the results of the criminal act they have committed.
3.The objective aspect of the crime. Refers to the specific manifestation of a criminal act.
4.The object of the crime. It refers to the social relations protected by criminal law and violated by criminal acts.
Legal basis. <>
Article 3 of the Criminal Law of the People's Republic of China.
where the law clearly provides that it is a criminal act, it is to be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.
The so-called composition of a crime refers to the organic unity of all the subjective and objective elements necessary for the act to constitute a crime of travel in accordance with the provisions of China's Criminal Law, which determines the social harmfulness and degree of a specific act. It has the following two characteristics:
1. The composition of a crime is the organic unity of a series of subjective and objective elements. The composition of any crime includes many elements, some of which belong to the objective aspect of the crime, and some of which belong to the subjective aspect of the crime, and they are organically unified to form the criminal composition of a certain crime.
2. The constitutive elements of the crime are statutory. The constitutive elements required for an act to establish a crime must be stipulated by the Criminal Law of our country, and only the factual characteristics of the case that have been selected by law can become the constitutive elements of the crime. There are four common constituent elements of any crime, namely:
The object of the crime, the objective aspect of the crime, the subject of the crime, and the subjective aspect of the crime. The composition of a crime plays an important role, providing a clear and specific legal standard for distinguishing between crime and non-crime, and between one crime and another. At the same time, the significance of the crime of the trouser brother is also very important to the sentencing.
Conviction is the premise and basis of sentencing, and only when the characterization is accurate can the sentence be appropriate.
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Legal Analysis: To constitute a crime, there must be four basic elements, namely, the object of the crime, the objective aspect of the crime, the subject of the crime, and the subjective aspect of the crime.
1. The object of crime refers to the social relations that are violated by criminal acts and protected by China's criminal law. Any crime must necessarily violate an object, and there is no such thing as a crime of detecting the source that does not violate the object.
2. The objective aspect of crime refers to the objective factual characteristics of the criminal activities provided for in the Criminal Law, including acts that endanger society, harmful consequences, and their causal relationships.
3. The subject of the crime refers to the natural person or unit that shall bear criminal responsibility in accordance with law for committing the criminal act.
IV. The subjective aspect of the crime refers to the psychological attitude of the criminal entity that must be present for the establishment of a crime as provided for in the Criminal Law of the People's Republic of China towards the dangerous and dishonoring conduct carried out by the criminal entity and its harmful consequences.
Legal basis: Criminal Law of the People's Republic of China Article 3: Where the law clearly provides that it is a criminal act, it shall be convicted and sentenced in accordance with law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.
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