Constitution of crime is the aggregation of the subjective elements and objecfive elements for crime establishment regulated by the Criminal Law. The theory of crime constitution is of significant meaning for the developmentof criminal legislation , criminal justice and the theory of Criminal Law in our nation. For many crime, constitution of them are the mostly the same as other countries on this planet. But there are many other crimes that is only regulated by PRC’s law. For example, prostitution, which is not considered as crime in many countries, but is illegal in China. It means that even a criminal law expert in the US or Europe, can not analysis specific case in China correctly. An experienced defense attnorney in China can handle this work perfectly.
1 . Constitution of crime is the essential condition for crime establishment. For example , the crime constitution of robbery is constituted by the these 4 elements:
( 1 ) Infringe the property ownership and the personal right of the victim.
( 2 ) Rob property with violence , or coercion with violence.
( 3 ) The subject person is over 14 and able to identify and control his or her behavior.
( 4 ) Have the intent of robbery, or say have the purpose of illegal possession of other’s property.
When the above four elements appear togethe in one crime , it becomes the Constitution of robbery. Among this element aggregation ( namely crime constitution ) , these four elements are interconnected and interacted and jointly establish a crime in law , namely robbery. In real life , if someone and his or her havior totally meet the above four elements , it shall have the crime constitution of robbry, namely , it establishes the crime of robbery.
2. The elements for crime constitution are regi1ated by the Criminal Law. one of the above elements for crime constitution of robbery is over 14 and ableidentify and control his or her behavior. is regulated by Article 17 and 18 in Criminal Law ; while rob public or private property with violence coercion or other means is regulated by Article 263 in the specific provisions of the Criminal Law,and so forth. It is precisely because the elements for crime constitution are regulatedby the Criminal. Law , crime consthution is the legal standard or for crime affirmation.
3 . Having crime constitution elements is the precond on for the applicaon oflegal penalty consequences. For example , if some behavior has the above crime constitution elements of robbery it shall establish the crime of robbery and apply the legal penalty of this regulation. Connection and difference between crime constitution and crime concept
Crime is the basis of crime constitution and crime constitution is the scifiation of crime. Crime answers questions like what is crime and what are the foundational attributions of crime. While crime constitution further answers hat legal requirements crime establishment needs and specifically confirms what kind of behavior is crime through the subjective and objective elements of crime constitution.