About the relationship between illegality and crime, illegality and crime

Violation of law refers to all acts that violate the constitution, laws, decrees, administrative regulations and administrative rules of the country, and its extension is extremely extensive. Crimes, on the other hand, must conform to the provisions of China's Criminal Law on crimes, and must have the following characteristics: First, crimes are acts that endanger society.

The harmfulness of behavior to society is the most essential characteristic of crime. Second, a crime is an act that violates the criminal law. In other words, an act that endangers society must also be an act under the Criminal Code in order to constitute a crime.

Thirdly, a crime must be an act punishable by criminal punishment, and only an act that endangers society is considered a crime if it is punishable by criminal punishment. The above-mentioned characteristics are indispensable conditions that must be present in the determination of any kind of crime. At the same time, the Criminal Law also stipulates that if the circumstances are obviously minor and the harm is not great, it is not considered a crime.

This shows that the circumstances of the act and the degree of harm to society are the boundaries that distinguish between violations of the law and crimes.

The difference between breaking the law and committing a crime is actually quite large, and the circumstances of the violation are generally relatively minor, but the punishment for the crime is the most severe, so the two are different, so what are the specific differences? Let's see what the lawyer has to say!

All crimes are illegal, but not all violations constitute crimes.

Where there is a link between lawlessness and crime, the two are not insurmountable by a chasm.

Violations include general offenses and serious offenses. The general violation of the law is the violation of the public security administration punishment regulations, and its nature is less harmful to the society; A serious violation of the law is a crime, that is to say, a violation of the criminal law, and its nature is more harmful to society. So breaking the law is not the same as committing a crime, but committing a crime is certainly breaking the law.

First, the difference between breaking the law and committing a crime.

1. The degree of danger to the society is different. Violating the law, the circumstances are relatively minor, the harm to society is not great, there is no violation of the criminal law, but only the violation of laws and regulations other than the criminal law, and the crime has serious social harm, violates the criminal law, and should be punished by criminal punishment.

2. The method of punishment is different. Violations of the law, civil violations bear civil liability, administrative violations are subject to administrative sanctions, crimes, by the people's court in accordance with the law to impose criminal punishment.

II. Constitutive Elements of Criminal Conduct.

1. The subject of the crime refers to the person who commits the 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, where a company, enterprise, public institution, agency, or group commits a crime, it constitutes a crime committed by a unit, and therefore, the unit can also become the subject of the crime;

2. The subjective aspect refers to the psychological state of the criminal subject that he or she has committed the criminal act and its consequences. There are two kinds of mental states in the subjective aspect of crime, namely intent and negligence. For example, when committing the crime of theft, the offender wishes to steal another person's property as his own, and commits the crime of intentional injury, and the offender wants to cause 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 the unit constitutes a crime, the personnel responsible for the criminal act of the unit also have a subjective state of mind;

3. The objective aspect refers to the specific manifestations of criminal conduct. For example, in 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, etc.;

4. 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 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.

In general, violations include general violations and serious violations. The general violation of the law is the violation of the public security administration punishment regulations, and its nature is less harmful to the society; A serious violation of the law is a crime, that is, a violation of the criminal law, and its nature is more harmful to society. So breaking the law is not the same as committing a crime, but committing a crime is certainly breaking the law.

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