Classification of the constitutive elements of the crime, and the composition of the elements of the

Although each specific constituent element of a crime has its own particularities, if we summarize and summarize the constituent elements of various specific crimes, any constituent element of a crime includes four elements: the object of the crime, the objective aspect, the subject, and the subjective aspect.

What are the elements of a crime?

Legal analysis: 1. "Criminal entity" refers to natural persons and units that have committed criminal acts and shall bear criminal responsibility in accordance with law.

For every crime, there must be a criminal subject, some crimes are committed by one person, and the subject of the crime is one person, and some crimes are committed by several people, and the main body of the crime is several people. According to the provisions of the Criminal Law, if a company, enterprise, public institution, organ, or group commits a crime, it constitutes a crime committed by a unit, and therefore, a unit can also become the subject of a crime.

2. The object of crime refers to the social relations protected by the criminal law and violated by the criminal act.

The object of the crime is a necessary element of the crime. There is no crime that does not have an object of crime. The reason why a crime is harmful to society is, first of all, determined by the object of the crime it violates.

If an act does not infringe on any object or social relationship, it means that it is not socially harmful and cannot constitute a crime.

3. The subjective elements reflect the psychological state under the control of the perpetrator's psychological state that endangers society, and what are the specific requirements of the criminal law for the psychological state of the crime.

There are two kinds of mental states in the subjective aspect of crime, namely intent and negligence.

For example, if the offender commits the crime of theft, the offender wants to steal other people's property for himself; The offender is guilty of intentional injury in the hope of causing bodily injury to another person. Some crimes are negligent in nature, such as the crime of arson, in which the offender has a state of mind of negligence. In the case where a unit constitutes a crime, the person responsible for the criminal act of the unit also has a subjective state of mind.

There are two kinds of "intentional", one is "hope", also known as direct intention, and the other is "laissez-faire", also known as indirect intention. There are also two types of "negligence", one is "overconfidence" and the other is "negligence".

4. Objective elements refer to the specific manifestations of criminal conduct. For example, when committing the crime of fraud, the offender has the act of fabricating facts and deceiving others, and the crime of drug trafficking has the act of selling drugs, and so on.

Legal basis: Article 3 of the Criminal Law of the People's Republic of China: Where the law clearly provides for criminal conduct, it shall 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.

1) Objective and subjective constituent elements.

Explain that the elements external and objective aspects of the act are the objective constituent elements, such as the act, the result, the object of the act, etc.; The elements that indicate the inner and subjective aspects of the perpetrator are the subjective elements of the constituent elements, such as intention, negligence, purpose, etc.

2) The constituent elements of the description and the constituent elements of the specification.

According to the general theory of criminal law, when a criminal defense lawyer interprets the constituent elements and determines whether there are facts that meet the constituent elements, if only the judge's cognitive activities are needed to determine, such constituent elements are the constituent elements of the account; If a judge's normative and evaluative value judgment is required to make a determination, this constituent element is the constituent element of the norm.

3) Positive and negative constituent elements.

The usual constituent elements are those that positively and positively indicate that a crime must be present, and such elements are positive constituent elements. However, there are exceptions to the constitutive element of negation of criminality, which is the negative constituent element.

4) Common and non-common constituent elements.

"Common constituent elements" refers to the elements of the common elements of a crime that must be present for the establishment of any crime. Non-common constituent elements refer to the elements that must be present for the establishment of some crimes.

5) Elements of the constituent elements of the written text and elements of the constituent elements of the unwritten.

Criminal defense lawyers believe that the constituent elements of a written document refer to the constituent elements expressly provided for in the Criminal Law. The vast majority of the constituent elements are codified constituent elements. Unwritten constituent elements refer to the elements that are not expressly provided for on the surface of the criminal law provisions, but are determined on the basis of the interrelationship between the criminal law provisions and the only way the criminal law provisions describe the elements of the land split, and the elements that must be present for the establishment of a crime.

In China's judicial practice, in order to constitute a crime, it must be composed of the organic unity of object, objectivity, subjectivity, and subjectivity, and the four parts are also composed of different elements, that is, they are composed of different elements of the crime, but it should be noted that it is not the constituent elements of the crime that can only constitute the cause of criminal obstruction, but it can also constitute the constituent nature of the crime, and the perpetrator's behavior can be convicted and sentenced.

1. What constitutes environmental crimes?

The constitutive elements of an environmental crime are:

1. In environmental crimes, the subject of the crime is a natural person and a legal person;

2. Most environmental crimes are negligence crimes, and the basis for negligence is whether the perpetrator has taken effective prevention and control measures to avoid the occurrence of damage results, and if not, negligence should be established;

3. The objective elements of environmental crime mainly refer to the criminal act and the causal relationship between the criminal act and the harmful consequences. The principle of weighing benefits plays a very important role in determining criminal conduct. Since specific causation is difficult to prove, causation must be established in accordance with the principle of presumption of causation.