What are the main contents of the constituent elements in the requirements for the establishment of

The provisions of the Criminal Law on the concept of crime stipulate the nature and basic characteristics of crime, and the concept of crime reveals the essential characteristics of crime in terms of social harm, criminal illegality and punishability. However, for each specific criminal act provided for in the Criminal Law, what elements should be constituted by the offender's behavior, especially what constituent elements should be met in terms of subjective conditions and objective performance, so as to reflect the essential characteristics revealed by the concept of crime, this is the issue to be studied in the constitutive elements of crime. Each type of criminal act provided for in the Criminal Law has different subjective and objective manifestations, and each crime has specific goals, motives, means, and methods, such as homicide, arson, robbery, theft, and other crimes, and the perpetrators have different goals and behaviors, and the same crime is homicide, and the means of committing the crime are also different.

The constitutive elements of a crime are to abstract common laws from the subjective and objective manifestations of various criminal acts, to study the legal conditions for crimes in terms of subjective and objective aspects, and to solve the problem of the specifications and standards for constituting crimes. Therefore, the constitutive elements of the crime are of great significance to both legislation and justice.

China's criminal law stipulates that there are more than 400 kinds of crimes, and from the analysis of the constituent elements, each crime has four elements: that is, the subject of the crime, the subjective aspect of the crime, the objective aspect of the crime, and the object of the crime.

1) The subject of the crime. Refers to a person who commits a criminal act. 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 subjective aspect of the crime. refers to the psychological state of the criminal subject that the criminal conduct and the results of the criminal act they have committed. 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 crime of intentional injury is committed in which the offender wishes to cause bodily harm 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.

3) The objective aspect of the crime. Refers to the specific manifestation of a criminal act. 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.

4) The object of the crime. It refers to the social relations protected by criminal law and violated by criminal acts. The object of the crime is the object of the crime, such as homicide and injury, the object of the crime is the specific victim, and the object of the crime refers to the social relationship that the personal rights of citizens protected by the criminal law are not illegally infringed.

My understanding: the proportionality of the constituent elements and the four constituent elements should not be exaggerated excessively. In fact, the appropriateness of the constituent elements refers to the objective elements of the four elements, specifically including the harmful act, the harmful result, the causal relationship, etc.

Illegality refers to acts that eliminate social harm, such as legitimate defense, and the responsibility corresponds to the subjective and subjective elements. The difference between them is by no means as great as scholars exaggerate.

Some scholars blindly study the so-called scientific theories of the West, and speak of them as a flower when they study anything, completely ignoring the practicality and scientificity of other theories and the actual situation in their own country. Not worth emulating.

In a criminal case, the criminal suspect shall have the elements to constitute the crime. Constitutive crime refers to the organic unity of all objective and subjective elements necessary for the act to constitute a crime in accordance with the provisions of the Criminal Law of China, which determines the social harmfulness and degree of a specific act, and is the basis for the perpetrator to bear criminal responsibility. The establishment of any kind of crime must meet the constituent elements of four aspects, namely, the subject of the crime, the subjective aspect of the crime, the object of the crime, and the objective aspect of the crime.

Conformity with the constituent elements includes the following:

1. The existence of harmful acts.

2. The occurrence of harmful results.

3. There is a causal relationship between the harmful behavior and the harmful outcome.