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Master's thesis on criminal law
The provisions of criminal law on the concept of crime are about the nature and basic characteristics of crime, and the concept of crime reveals the essential characteristics of crime, such as social harm, criminal illegality and punishment. However, for each specific criminal act stipulated in the criminal law, what elements should a criminal have in performance, especially in subjective conditions and objective performance, in order to reflect the essential characteristics revealed by the concept of crime, which is a problem to be studied in the constitutive elements of crime. The subjective and objective manifestations of each criminal act stipulated in the criminal law are different. Every crime has a specific purpose, motivation, means and methods, such as murder, arson, robbery, theft and other crimes. Criminals have different purposes and behaviors, and they also kill people, and their criminal methods are also different. The constitutive requirements of a crime are to abstract the law of * * from the subjective and objective manifestations of different criminal acts, study the legal conditions of a crime in subjective and objective aspects, and solve the problems of norms and standards that constitute a crime. Therefore, the constitutive elements of crime are of great significance to legislation and justice.

There are more than 400 kinds of crimes in our criminal law. From the analysis of constituent elements, every crime has four elements: the subject of crime, the subjective aspect of crime, the objective aspect of crime and the object of crime.

(1) The subject of the crime. Refers to a person who commits a crime. Every crime must have a subject, some crimes are committed by one person, the subject is one person, some crimes are committed by several people, and the subject is several people. According to the criminal law, a company, enterprise, institution, organ or group commits a crime, which constitutes a unit crime. Therefore, the unit can also become the subject of crime.

(2) Subjective aspects of crime. It refers to the psychological state of the criminal subject's criminal behavior and its results. There are two kinds of subjective psychological state of crime, namely intention and negligence. For example, if you commit theft, the criminal wants to steal other people's property for himself; Commit the crime of intentional injury, and the offender hopes to cause damage to others' bodies. Some crimes are negligent crimes, such as the crime of fire, and the offender has a negligent psychological state. When the unit constitutes a crime, the person responsible for the unit crime also has a subjective psychological state.

(3) The objective aspect of crime. Refers to the concrete manifestation of criminal behavior. For example, fraud, fabricating facts to deceive others, drug trafficking, drug trafficking and so on.

(4) the object of crime. Refers to the social relations protected by criminal law and infringed by criminal acts. The criminal object is different from the criminal object. The object of crime is the object directly targeted by criminal acts, such as murder and injury. The object of crime is a specific victim, and the object of crime refers to the social relationship that citizens' personal rights protected by criminal law are not illegally violated.